[Amended 12-19-2005 by Ord. No. 919]
No member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey Statutes and the Police Department's rules and regulations (N.J.S.A. 40A:14-147).
A. 
Disciplinary action. Employees, regardless of rank, shall be subject to disciplinary action, according to the nature or aggravation of the offense for:
(1) 
Committing an offense punishable under the laws or statutes of the United States, the State of New Jersey or any other state, or municipal ordinances;
(2) 
Failure, either willfully or through negligence or incompetence, to perform the duties of their rank or assignment;
(3) 
Violation of any rule, policy, procedure, or directive of the Department; or
(4) 
Failure to obey any lawful instruction, order, or command of a supervisor.
B. 
Repeated violations. Repeated violations of the rules of conduct shall be indicative of employees' disregard for their duty and may be cause for dismissal. This shall apply regardless of the type or severity of the offenses.
C. 
Disciplinary procedure. Progressive discipline serves an important role in the process by which the Department deals with minor complaints of misconduct. A progressive discipline scale such as the following shall be implemented and modified by the Chief of Police as necessary:
(1) 
Counseling.
(2) 
Transfer/reassignment.
(3) 
Suspension without pay/forfeiture of vacation time.
(4) 
Loss of promotion opportunity.
The following penalties may be assessed against any member or employee of the Department as disciplinary action:
A. 
Oral reprimand.
B. 
Written reprimand.
C. 
Voluntary surrender of time off in lieu of other action.
D. 
Voluntary surrender of accumulated overtime in lieu of other action.
E. 
Suspension.
F. 
Demotion.
G. 
Removal from the service.
A. 
Within the limitations set forth in N.J.S.A. 40A:14-147 to 40A:14-151, inclusive, and municipal ordinances, the Department disciplinary authority and responsibility rests with the Police Committee Chairman, except as provided in § 40-6A(1) of this chapter.
[Amended 5-16-1988 by Ord. No. 650]
B. 
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 who is in violation of the rules and regulations of the Department.
C. 
Follow up emergency suspensions. A member or employee receiving an emergency suspension shall be required to report to the Chief of Police within not later than 24 hours after the imposition of the suspension at the Chief's direction. The commanding or supervising officer imposing the suspension shall also report to the Chief of Police at the same time. The Chief shall report, as soon as possible, to the appropriate authority with his suggestions for disciplinary action.
[Amended 5-16-1988 by Ord. No. 650]
D. 
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 and time of the misconduct and location.
(3) 
The section number of the violated rule 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.
E. 
Distribution of reports of disciplinary action. Reports shall be distributed as follows by the officer imposing or recommending disciplinary action:
[Amended 5-16-1988 by Ord. No. 650]
(1) 
The original shall go to the Chief through the chain of command; the Chief shall advise the appropriate authority.
(2) 
A duplicate copy shall go to the subject's commanding officer.
(3) 
A triplicate copy shall be retained by the officer imposing or recommending the action.
F. 
Endorsement and forwarding of disciplinary reports. Each level in the chain of command must endorse and forward reports bearing on disciplinary matters. Such endorsement may be one of approval, disapproval or modification. No member or employee shall alter or cause to be altered or withdrawn 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 Department directive.
G. 
Informing the person being disciplined. The member or employee being disciplined shall be informed of the charges, in writing, as provided by N.J.S.A. 40A:14-147.
H. 
Appeals from penalties. Appeals from penalties imposed as disciplinary measures may be taken as provided in the Civil Service Law and N.J.S.A. 40A:14-147 to 40A:14-151, inclusive, and the Borough ordinances.
I. 
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 written report of the incident and his actions to his commanding officer.
Complaints by citizens against members or employees of the Department shall be processed in accordance with the following rules:
A. 
During normal business hours, refer such complaints to the Chief.
B. 
At 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, after which a written report must be submitted to the Chief of Police.
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 the Department shall conduct a thorough and accurate investigation.
E. 
Reports of investigation of alleged acts of misconduct. An alleged act of misconduct must be investigated and the results of the investigation must be submitted in a written report entitled "Report of Investigation and Findings." The investigating member shall summarize the pertinent facts, including the following:
(1) 
A 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 Department personnel.
(2) 
Exonerated. Acts did occur but were justified, lawful and proper.
(3) 
Not sustained. Investigation fails to discover sufficient evidence to prove or disprove clearly the allegations made in the complaint.
(4) 
Sustained. Investigation disclosed evidence sufficient to prove clearly 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.