Borough of Bogota, NJ Police Department

All candidates seeking promotion to the rank of Sergeant shall be evaluated based upon the following criteria:

Written examination: 20% of total score.

Chief's oral in-house interview: 20% of total score.

Job performance and education evaluation: 20% of total score.

(4)

Seniority: 20% of total score.

(5)

Mayor and Council interview: 20% of total score.

Criteria described:

Written examination - All candidates for promotion shall submit to a written examination. The written examination shall be administered by the New Jersey State Association of Chiefs of Police or the Department of Personnel (DOP), at the discretion of the governing body.

At least thirty (30) days prior to the date a written examination is scheduled, a notice shall be posted at the Police Department that will set forth the following:

[a]

Position available through promotion.

[b]

Date the examination will be conducted.

[c]

The location of the examination.

[d]

The time the examination will begin.

[e]

A list of study materials.

The written examination shall be graded. The applicant shall receive the following percentages toward overall score based upon the score attained on the written examination:

Written Test Score	Percentage Overall Score
0 to 59.99	0%
60 to 61.99	1%
62 to 63.99	2%
64 to 65.99	3%
66 to 67.99	4%
68 to 69.99	5%
70 to 71.99	6%
72 to 73.99	7%
74 to 75.99	8%
76 to 77.99	9%
78 to 79.99	10%
80 to 81.99	11%
82 to 83.99	12%
84 to 85.99	13%
86 to 87.99	14%
88 to 89.99	15%
90 to 91.99	16%
92 to 93.99	17%
94 to 95.99	18%
96 to 97.99	19%
98 to 100	20%

The results of the written examination shall be valid for a period of two (2) years from the completion of the tests.

Chief's interview.

The Police Chief, along with their designee(s), shall conduct an oral interview with all candidates. All candidates shall receive the same questions, and a score for all interviewees shall be calculated by the Chief and provided to the Borough Administrator.

PRELIMINARY INVESTIGATIONS

Job Performance and Education.

[a]

The job performance of each applicant shall be evaluated based upon a standardized checklist to be developed by the Chief of Police, and the job performance evaluation shall include attendance, awards received, ability to relate to members of the public, ability to handle emergencies, computer skills and knowledge of current law and arrest procedures. The checklist shall also include such other information as the Chief of Police shall deem appropriate.

[b]

Additional consideration shall be given to prior military veterans, reserves and national guard members and consideration will be given for any advanced educational degree.

[c]

Upon evaluation of the standardized checklist, the Chief of Police shall assign a percentage to the scores, which percentage shall be counted towards the overall evaluation score.

(4)

Seniority.

Seniority will be assessed as one of the stages of the promotional process. Seniority shall be determined by the number of years of service completed, commencing on the date on which the employee was sworn in or the date first placed on the payroll, whichever date first occurred. Seniority shall count in the following percentages towards the overall score:

[a]

Start of year 1 through 8 years: 5%.

[b]

Start of year 9 through 11 years: 7%.

[c]

Start of year 12 through 16 years: 12%.

[d]

Start of year 17 through 20 years: 15%.

[e]

Start of 21st year and up: 20%

(5)

Interview by Mayor and Council.

A personal interview shall be conducted with all candidates for promotion. The information to be viewed during the interview will come from each candidate's personnel file. Each candidate shall be given the opportunity to make a personal statement if he or she chooses to do so. Each Councilmember shall grade each candidate based on the interview. The maximum attainable score for the interview shall be 20%, which shall be determined based upon the average of each individual Council member's score. Factors to be considered by the Borough Council in scoring the candidate's interview shall include town volunteerism.

Promotional standards for Promotion to rank of Lieutenant. Candidates for the position of Lieutenant shall participate in a promotional procedure administered by the governing body which will consist of the following:

[Amended 3-3-2022 by Ord. No. 1572]

Interview with Mayor and Council: interview to include review of leadership, performance, seniority and education.

Leadership evaluation: poise, alertness, ability to communicate clearly and effectively, ability to effect good working and public relations, and moral character.

Candidates shall have attained the rank of Sergeant for at least one year.

Promotional standards for promotion to rank of Captain. Candidates for the position of Captain shall participate in a promotional procedure administered by the governing body which will consist of the following:

[Amended 3-3-2022 by Ord. No. 1572]

Interview with Mayor and Council: interview to include review of leadership, performance, seniority and education.

Leadership evaluation: poise, alertness, ability to communicate clearly and effectively, ability to effect good working and public relations, and moral character.

Candidates shall have attained the rank of Lieutenant or Sergeant.

Chief of Police qualifications. Candidates for the position of Chief of Police shall participate in a promotional procedure administered by the governing body and its designee(s). The governing body shall consider the following through written submissions and an interview: the candidates' knowledge of criminal law and procedure, police science and police administration, leadership and management, ability, general knowledge of local government and N.J.S.A. 40A:14-118, the candidates' poise, alertness, ability to communicate clearly and effectively, ability to effect a good working relationship with governing body and Borough Administrator, and demonstrate moral character. Candidates shall have attained the rank of Captain, Lieutenant or Sergeant.

[Added 3-3-2022 by Ord. No. 1572]

§ 23-1.6 Probationary Period.

[Ord. 6/11/36, S7; New; Ord. #890, SI]

Each applicant thereafter appointed shall be first appointed by the mayor as probationer, for a period of one (1) year following graduation from a certified police academy. At the expiration of one (1) year, on recommendation of the police committee, the mayor may appoint a probationer as patrolman or, if the police committee so directs, the probationer may be ordered to return to the borough his uniform and equipment at any time during the period of probation or at the expiration thereof, and his service as a member of the force, shall thereupon be at an end. During the probationary period, the probationer shall be paid at the rate of salary fixed for a patrolman, first year, and the time of service for purpose of salary and otherwise of any accepted probationer shall be computed from the date of appointment as a probationer. During the probationary period, the probationer shall perform the usual duties of patrolman as directed by his officers.

§ 23-1.7 Special Law Enforcement Officers.

[Ord. 9/14/20, S5; Ord. #890, SI; amended Ord. No. 1521]

The Mayor and Council shall have power to appoint the following special law enforcement officers:

Class I special law enforcement officers (SLEO I), who may from time to time be appointed and who shall serve at the pleasure of the governing body for a term not to exceed one year, which officers shall not be members of the regular police force but shall nevertheless be under the control and supervision of the Chief of Police. Their powers, rights and duties shall immediately cease and terminate at the expiration of the term for which they were appointed. Officers of this class are hereby authorized to perform routine traffic detail, spectator control and related duties and are hereby authorized to issue summonses for disorderly persons' and petty disorderly persons' offenses, violations of municipal ordinances and violations of N.J.S.A. 39:1-1 et seq. The number of Class I officers shall be varied from time to time at the discretion of the governing body.

Class II special law enforcement officers (SLEO II), who may from time to time be appointed and who shall serve at the pleasure of the governing body for a term not to exceed one year, which officers shall not be members of the regular police force but shall nevertheless be under the control and supervision of the Chief of Police, as necessary. Their powers, rights and duties shall immediately cease and terminate at the expiration of the term for which they were appointed. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed, full-time police officer.

Class III special law enforcement officers (SLEO III), who are retired regular police officers and who may from time to time be appointed and shall serve at the pleasure of the governing body for a term not to exceed one year, which officers shall not be members of the regular police force but shall nevertheless be under the control and supervision of the Chief of Police for use solely as school security officers as detailed in N.J.S.A. 40A:14-146.10 et seq., as necessary. Their powers, rights and duties shall immediately cease and terminate at the expiration of the term for which they were appointed.

§ 23-1.8 Desk Clerk.

[Ord. 6/11/36, S5; New; Ord. #890, SI]

The mayor shall have the authority, with the advice and consent of the borough council, to appoint some fit person as a desk clerk, to be employed and perform such duties as the governing body may designate. The clerk shall receive a salary as designated in the annual salary ordinance.

§ 23-1.9 Temporary Appointments.

[Ord. 9/14/20, S6; New; Ord. #890, SI]

The governing body is hereby empowered in cases of urgent necessity or emergencies, to appoint and employ additional officers and patrolmen, and shall have power to discharge them at the expiration of such temporary employment.

§ 23-1.10 Rules and Regulations.

[Ord. #890, SI; Ord. #1173, S1]

The Mayor and Council of the Borough of Bogota is designated as the appropriate authority to adopt, by resolution, rules and regulations for the government of the police department, pursuant to

N.J.S.A. 40A:14-118. This authority shall be subject to N.J.S.A. 34:13A-5.3 to the extent that the statute requires any particular rule or rules to be negotiated, provided, however, that matters subject to management prerogative shall not be affected.

The chief of police shall review the rules and regulations on an ongoing basis, and may as he deems appropriate recommend changes or updated provisions to the police commissioner, for consideration by the mayor and council. A complete review of the rules and regulations shall also be conducted by the chief of police every five (5) years. The chief shall submit any changes or updated provisions to the police commissioner for consideration by the mayor and council.

All officers and patrolmen of the police department, and all emergency and special law enforcement officers, if any, shall comply with the rules and regulations adopted for the government of the department and with the orders of their superior officers not inconsistent therewith, as well as all policies and procedures established by the department, the Bergen County Prosecutor, and the Attorney General of the State of New Jersey.

§ 23-1.11 through § 23-1.12. (Reserved) [1]

[1]

Editor's Note: Subsections 23-1.11, Disciplinary Action, and 23-1.12, Hearing by Governing Body Pursuant to N.J.S.A. 40A:14-147 to 151, previously contained herein, have been repealed on entirety by Ordinance No. 976. For provisions pertaining to disciplinary actions see Section 23-10, Disciplinary Regulations and Procedures. Also, "Hearing Pursuant to N.J.S.A. 40A:14-147 to 151" is contained in subsection 23-10.6.

§ 23-1.13 Service Weapons.

[New; Ord. #890, SI; Ord. #1039, S1; Ord. #1237, S1; amended 3-3-2022 by Ord. No. 1572]

The Borough shall supply service weapons to each member of the Police Department, and those weapons shall remain the property of the Borough. Any reference in the rules and regulations to revolver and .38-caliber ammunition should read: "approved Glock Model 23, .40-caliber handgun and the cartridges for that weapon."

§ 23-1.14 Fees.

(New; Ord. #890, SI; Ord. #897, SI; Ord. #939, S1; Ord. #985, S1]

The following fees are established for the following services rendered by the police department at the request of any citizen:

Fingerprints.*

Photostats and photocopies for auto accident, by mail; Picked up personally at police headquarters.*

Photographs.*

Escort service.*

Letters of good conduct.*

Discovery, copy of police files; Maximum.*

The fees for hiring of police officers, by the private sector, shall be the "officer's" salary of time and one-half, as set forth in the current collective bargaining agreement, plus an administrative surcharge of twenty (20%) percent covering pension, insurance, workmen's compensation, etc.

*Fees for services as provided herein shall be as set forth in N.J.S.A. 47:1A-2 and/or N.J.S.A. 39:4-131 as same may from time to time be amended or supplemented.

§ 23-2 DEFINITIONS AND TERMINOLOGY.

[Res. No. 84-200, SS 2.1-2.56]

ANNUAL LEAVE

Shall mean vacation period granted to all members annually.

BLOTTER

Shall mean any record system used to record daily activities.

BUREAU

Shall mean a primary functional unit of the department. A unit immediately subordinate to a division.

CHAIN OF COMMAND

Shall mean 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.

COMMANDING OFFICER

Shall mean the officer having the highest rank or grade. Officers of the same grade shall rank according to the date of their appointment to that grade. When two (2) or more officers are on duty together, the officer of the highest rank is in command and shall be held responsible for the operation, unless otherwise designated by the chief of police. For a special detail and for a specific period, an officer may be designated by the commanding officer to take command without regard to rank. The post officer is the ranking officer when other patrolmen are dispatched to his post to assist him.

DAILY BULLETIN

Shall mean a bulletin issued daily containing information regarding wanted persons, crime types and locations other incidents calling for police attention, special notices, and special locations calling for patrol. All directions contained in the daily bulletin have the force and effect of department orders.

PERSONAL DAYS OFF

Shall mean those days, approved by the chief of police, on which a given member is excused from duty.

DEPARTMENT

Shall mean the police department.

DETAIL

Shall mean members of the department, sometimes from more than one unit, grouped together for the accomplishment of a specified mission. When no engaged in a continuing operation the detail is called a special detail.

DETECTIVE

Shall mean a police officer assigned to conduct criminal investigations while in civilian clothing.

DIVISION

Shall mean a functional unit having jurisdiction-wide coverage whose commanding officer reports directly to the chief of police.

EMPLOYEE

Shall mean civilian employee of the department.

FOLLOW-UP INVESTIGATION

Shall mean a supplementary investigation following the preliminary investigation designed to record additional facts directed towards the clearance of the particular crime, and the recovery of stolen property.

GENDER

Shall mean use of the masculine gender herein and shall also include, where applicable, the female gender.

GENERAL ORDER

Shall mean permanent written directive issued by the chief of police. General orders remain in full force and effect until amended, superseded, or cancelled by the chief of police. Department general orders establish policy, procedure, or regulations governing matters which affect the entire department or two (2) 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.

HEADQUARTERS

Shall mean the police building that houses the headquarters staff and the members of this department.

INCOMPETENCE

Shall mean incapable of satisfactory performance of police duties.

INSUBORDINATION

Shall mean failure or deliberate refusal of any member or employee to obey a lawful order given by a superior officer. Disrespectful, mutinous, insolent, or abusive language toward a supervising officer is insubordination.

LAWFUL ORDER

Shall mean 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 to in violation of any law, ordinance, or any departmental rule or regulation.

LEAVE OF ABSENCE

Shall mean the period of time during which an officer is excused from active duty by reason of illness or injury.

LENGTH OF SERVICE

Shall mean the length of time that an officer has been engaged in the actual performance of police duty. It includes the time served in the armed forces that is required by law to be recognized as active duty, and also sick leave, and authorized leaves of absence.

MAY/SHOULD

As used herein, the words "may" and "should" shall mean that the action indicated is permissive.

MEMBERS

Shall mean all persons on the police department payroll, including both officers and civilian employees.

MEMORANDUM

Shall mean a written memorandum issued by the chief of police for the purpose of keeping members informed and aware of situations and matters that affect the department in general. Such memorandums are not official orders but express the thinking of the issuing authority on the subject under consideration.

MILITARY LEAVE

Shall mean the period of time during which an officer is excused from duty by reason of serving in the Armed Forces of the United States in an active capacity as provided by law.

NEGLECT OF DUTY

Shall mean 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 post during a tour of duty; failure to perform duties prescribed in the police manual; failure to conform to the department operating procedures.

OFF DUTY

Shall mean 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.

OFF THE AIR

Shall mean in service but not available for radio communications.

OFFICERS

Shall mean every member duly appointed to the police department as a regularly salaried peace officer and who has taken oath as such. The term is applied without regard to sex, race, division, or duty.

ON DUTY

Shall mean the state of a member during the 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.

ON THE AIR

Shall mean in service with the radio equipment in operation.

ORDER

Shall mean any written or oral directive issued by a superior officer to any subordinate or group of subordinates in the course of police duty.

OUT OF SERVICE

Shall mean not available for radio communications.

PATROL CAR

Shall mean radio equipped automobile used for patrol duty.

PERSONNEL ORDERS

Shall mean appointment, assignment, or any other status change of personnel within the department accomplished by department personnel orders issued by the chief of police.

PLURALITY OF WORDS

Shall mean the singular includes the plural and the plural includes the singular.

POLICE MANUAL

Shall mean the reference guide specifying the rules and regulations governing the conduct of personnel and the operation of the department, as well as specifying department policies and procedures. Department orders will be incorporated into the police manual after a provisional period of operation. This manual is issued by authority of the chief of police and carries the weight of a general order.

POST

Shall mean a geographical area of variable size within the borough to which one (1) or more officers are specifically assigned for patrol purposes.

Shall mean the initial investigation conducted by the department upon the report of a crime or attempted crime. The preliminary investigation shall include statements for all persons concerned, details of the particular crime that has been committed to include the pertinent elements of that crime, description of evidence and other property included in the case, and the action taken by the investigating officer.

PROBATIONARY PERIOD

Shall mean each member shall be required to serve a probationary period prior to permanent appointment to the department.

PROCEDURE

Shall mean the official method of dealing with any given situation prescribed by the chief's order or procedural guide.

REPORT

Shall mean a written communication, unless otherwise specified, relating to police matters.

RULES AND REGULATIONS

Shall mean directions issued by the chief of police to define the police purpose and the duties and conduct of all members.

SENIORITY

Shall mean seniority in the department is established first by rank and secondly by aggregate time served in rank. In situations requiring decision or control, where the officers are of equal ranks, the senior officer will make the decision and exercise control unless otherwise directed by a higher supervisory officer and department regulations.

SHALL/WILL

The words "shall" and "will" as used herein shall indicate that the action required is mandatory.

SHIFT

Shall mean that period of a calendar day during which a specified number of members is on duty. For reporting and record keeping purposes, the following numbered shifts have been established covering a full day:

The first shift, or night shift, covers the period from 12:00 midnight to 8:00 a.m.; the second shift, or day shift, covers the period 8:00 a.m. to 4:00 p.m.; the third shift, or afternoon shift, covers the period from 4:00 p.m. to 12:00 midnight.

SICK LEAVE

Shall mean the period of time during which an officer is excused from active duty by reason of illness or injury.

SPECIAL DUTY

Shall mean police service, the nature of which required that the member be excused from the performance of his regular duties.

SPECIAL ORDER

Shall mean written order, issued by the chief of police, relating to some specific circumstances or situations, usually of a temporary nature, that ordinarily does not affect the entire department.

SUPERVISING OFFICERS

Shall mean members of the department assigned to positions requiring the exercise of immediate supervision over the activities of other members and employees.

TENSE OF WORDS

Shall mean the words used in the present tense include the future.

THROUGH OFFICIAL CHANNELS

Shall mean through the hands of superior officers in the chain of command.

TOUR COMMANDER

Shall mean the tour commander is the ranking uniformed officer, other than the chief of police, on duty during a particular shift. He is responsible for the operation and effectiveness of the uniformed members of the department during that particular shift.

TOUR OF DUTY

Shall mean the shift during which an individual member is on duty.

TRAINING BULLETIN

Shall mean bulletins regularly distributed by the department designed to keep officers of this department abreast of new procedures and practices in the law enforcement field.

UNIT

Shall mean any number of members and/or employees of the department regularly grouped together under one commanding officer to accomplish a police purpose (such as the members assigned regularly to a particular shift).

§ 23-3 REPORT WRITING.

§ 23-3.1 History and Present Need.

[Res. No. 84-200, S3.1]

The central purpose of reports is to assist the receiver of the report in researching a decision by providing facts and information which he does not already possess. Reports are important in the administrative, supervisory and prosecution aspects of law enforcement.

A good report is accurate, brief and complete. It is necessary to have a complete understanding of exactly what is required and what will be done with it in order to write a proper report.

A report is functional in that it is designed to assist in the decision-making process. The information must be useful to persons other than just the writer.

The material contained in a report is presented in a functional rather than a literary style. The information contained in the report must be accurate, reliable and objective, and adapted to the needs of the respective readers. The material should be carefully organized and clearly presented.

A report becomes the official statement of facts and may be used in a wide variety of circumstances. Thus reports are utilized to determine:

The character, extent, location, and time of occurrence of violations.

To identify hazards, isolate particular elements requiring attention, and direct to eliminate these hazards.

To aid in the distribution of manpower.

To aid in the analysis of operations.

To aid supervision in the fields.

A report may be of particular value to the individual police officer, as both a stockpile of information and a channel of communication between officers. Reports are one of the principal sources of information in conducting any type of investigation and are often the only source of information for the disposition of a case. They tell whether the offender should be prosecuted, reprimanded, or subjected to other measures of control.

Reports by the individual police officer should reveal (if properly analyzed by supervisors and administrators):

Education.

Training.

Experience.

Ambition.

Future capabilities as both an officer and a supervisor.

Provide a basis for commendation or criticism.

All reports require the application of certain standards. These standards stem from the fact that reports are written to satisfy a need, and in order to satisfy the need they must satisfy the reader. Reports are regularly read by persons other than the individual to whom they are addressed. Therefore, special care must be taken to insure that the report is complete. The test of completeness is whether or not the report can be used by others with confidence as to it being complete. Note, too, that a report must be accurate, for if there are errors it will raise doubts as to the thoroughness of your investigation and your personal ability.

Listed are characteristics common to most reports:

All reports should be legible. If the report can't be read, it will be of little value to you.

The correct names of all individuals and/or businesses involved should be spelled out in full.

The correct addresses of all individuals and/or businesses involved should be included.

The report should note the time and date of the occurrence.

Obtain as complete information as possible about all witnesses.

Note the value of any property stolen or otherwise involved in the offense.

In general, a good report should note the "who, what, when, where and how" of the event.

§ 23-3.2 Mechanics of Report Writing.

[Res. No. 84-200, S3.2]

Always be specific in your choice of words. Avoid the use of unnecessary words and technical phrases which sound good but add little or nothing to the report. Pay special attention to the areas of grammar and spelling.

§ 23-3.3 Use and Maintenance of the Notebook.

[Res. No. 84-200, S3.3]

A major part of a police officer's field activities consists of recording information obtained from the public. Such information, as written down in a notebook, serves as the basis for future police reports and when needed for court testimony.

Although it is not always fully appreciated, the quality of field notes often has a profound influence on the outcome of an investigation. In some cases, an individual's fate actually hinges on the accuracy and completeness of the information which the officer and the department have compiled.

Everyone recognizes that deterring criminal activities form the main objective of all law enforcement agencies. An officer arriving at the scene of a murder may conduct as thorough a preliminary investigation as anyone could possibly wish for, but if he does not write down notes about the facts which he has observed and the action which he has taken, all of his efforts will prove futile. An investigation without written notes is like an automatic pistol without shells.

Well-organized notes also serve as a protection against false accusations. There are occasions when citizens unjustly complain about maltreatment, poor judgment, or immoral behavior on the part of the officers. In most cases, such reports are entirely fictional. However, unless an officer has kept careful notes concerning an alleged incident, or at least concerning the period to time during which the alleged incident occurred, he may find it very difficult to extricate himself from embarrassing and serious situations.

§ 23-3.4 Notebook as an Aid to Memory.

[Res. No. 84-200, S3.4]

The human memory is faulty and easily forgets or confuses details. This has been recognized in the rules of evidence since specific permission has been granted to the witness to "refresh his memory" from written notes. It is also obvious after listening to different versions of a single incident given by honest well-meaning witnesses that the human memory can play tricks on anyone.

Good memory is the result of some natural ability and a lot of training. Generally, when testifying, the officer is relying on a combination of memory and some previously written memory aid. The most satisfactory and practical memory aid is the officer's notebook. The mere act of writing the information in the notebook aids you in retaining the matter in your mind. Also, when you look over your own handwriting or typed notes at a later date, you will find your recollection of the incident is more complete.

It is essential that the officer acquire the note-taking habit. The subsequent reports depend on your notes for clarity, conciseness and accuracy. The note-taking habit, well ingrained on the officer, will result in the clear, complete notes necessary for a conviction. In many cases, the notes alone support the convicting testimony.

On the other hand, the officer who does not get into the habit of writing good notes, can expect to be crucified on the witness stand by an alert defense lawyer who keeps hammering away, asking for exact quotes or exact details of incidents. Most attorneys regard the officer who attempts to recite from memory events of three (3) or four (4) months back as fair game and a good target. He usually is!

§ 23-3.5 Descriptions for Reports.

[Res. No. 84-200, S3.5]

For the purpose of report writing, it is essential that the description of any person who is the subject of police attention be detailed and complete. Emergency descriptions identifying a fleeing suspect obtained for immediate broadcast should be supplemented by further questioning of the complainant or witnesses, before the officer submits his report. In addition to name, nickname and address, the description should, if possible, include:

Sex.

National origin.

Age.

Complexion.

Height.

Weight.

Color of hair.

Color of eyes.

Any noticeable markings or peculiarities.

Description of the clothing worn by the suspect.

Description of any vehicle used by the suspect.

When it is an officer's responsibility to describe stolen property in his report during an investigation, he must remember that when he is recording may later be written in the notebooks of other officers. How accurate and complete his descriptions are will either make their jobs easy or difficult, and they may mean the difference between recovering and not recovering the stolen property. Since the need to describe property occurs so frequently, the following procedures are to be followed in recording descriptions of property:

Clothing.

Sizes and colors.

Style or model.

Type of material and pattern.

Manufacturer's label.

Laundry or cleaning marks and/or labels (any defects or repairs).

Age and condition.

Value.

Rings.

Type and style.

Man's or woman's.

Color and type of metal (yellow metal or white metal).

Number, kind and arrangement of stones.

Inscriptions, jeweler's marks.

Value.

Watches.

Type and style.

Trademark.

Color and type of material.

Inscriptions.

Case and works numbers.

Personal markings or initials.

Jeweler's marks.

Description of watchband.

Value.

Firearms.

Make and type.

Caliber.

Color.

Serial number.

Special features or modifications.

Scope and/or sights.

Trigger shoe, barrel weights, compensator.

Special stock or grip.

Where purchased.

(j)

Value.

Radios, televisions, appliances.

Trade name and model.

Materials and size.

Color.

Serial numbers.

Identifiable markings.

Value.

Cameras.

Trade name and type.

Still or movie.

Model and serial numbers.

Film size.

Features and attachments.

Carrying case (size, type, and color).

Value.

When determining the value of stolen property, the replacement value of the particular item should be used. In most cases, the officer will have to estimate this value based on information furnished him by the victim and his own experience with similar items. Department store catalogs are also good sources of reference to determine original costs of many items.

§ 23-3.6 Other Uses of the Notebook.

[Res. No. 84-200, 3.6]

As a personal aid, an officer should have a list of code and section numbers of the various laws and ordinances with which he deals most frequently. In some instances it might be well to have a typewritten copy of the ordinance as it is written in the State or city code.

Telephone numbers of other police agencies and related public agencies should be recorded in the officer's notebook for ready reference.

§ 23-4 INTRODUCTION TO MANUAL.

§ 23-4.1 Establishment of Police Department Rules and Regulations.

[Res. No. 84-200, S4.1]

Legal authorization. New Jersey Statute 40A:14-118 states, "The governing body of any municipality, by ordinance, may create and establish a police department and force and provide for the maintenance, regulation and control thereof, and except as otherwise provided by law, appoint such members, officers, and personnel as shall be deemed necessary, determine their terms of office, fix their compensation and prescribe their powers, functions, and duties, and adopt and promulgate rules and regulations for the government of the department and force and for the discipline of its members".

Borough ordinance. The police department is established by authority of borough ordinance entitled, "An Ordinance to Re-establish a Police Department in and for the Borough of Bogota. Providing for the Maintenance, Regulation and Control thereof and Promulgating Rules and Regulations for the Government of the Department and Force and for the Discipline of its Members", and amendments, general orders, special orders, instructions, and directives thereto.

Rules and regulations established. The Bogota governing body hereby establishes the department rules and regulations under cover to be known as the Bogota Police Department Manual.

§ 23-4.2 The Police Manual.

[Res. No. 84-200, S4.2]

Distributing of the manual. One (1) copy of the Police 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, the borough administrator, mayor and the board of police commissioners.

Responsibility for maintenance. All members and employees who are 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.

Familiarization. Each police officer and each civilian employee is duty bound to thoroughly familiarize himself with the provisions of the police manual. Failure to comply shall be considered neglect of duty.

Ignorance of contents of manual. In the event neglect of duty is charged against a member for failure to observe the rules and regulations, department procedures, or orders, ignorance of any provision of this manual or any department procedure or order will not be accepted as an excuse.

§ 23-4.3 Unit Responsibilities.

[Res. No. 84-200, S4.3]

Office of the chief. The chief of police is responsible for the general direction, control, and supervision of the police department as authorized and provided for by statutes, ordinance, and these rules.

Detective division. The detective division will be responsible for general investigations, youth, narcotics, identification, organized crime and non-criminal investigations (e.g., licenses, etc.).

Patrol division. The patrol division is responsible for the performance of the following functions:

Preventive patrol activities.

Protection of life and property, preservation of the peace, enforcement of the law, and suppression of crime.

Investigation of police incidents and minor crimes, preliminary investigations of serious crimes.

Traffic law enforcement, traffic control, and traffic accident investigation.

Assignment, control and supervision of special policemen and school-crossing guards.

Service division. The service division is responsible for the following functions:

Processing, indexing, and filing of all reports and case files, and for miscellaneous record services to the public an the department.

Maintenance of records of the operation of all radio and communications equipment.

Maintaining personnel training records, to include basic, in-service, and specialized training.

The maintenance of records for all vehicles, communications, and other equipment, to include records of personnel training and the operations and maintenance procedures of same.

General. 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.

§ 23-4.4 (Reserved) [1]

[1]

Editor's Note: Former subsection 23-4.4, Order of Rank, previously codified herein, and containing portions of Resolution 84-200, was repealed in its entirety by Ordinance No. 1275. See subsection 23-1.4b for order of rank for the Police Department.

§ 23-5 DUTIES AND RESPONSIBILITIES.

§ 23-5.1 Duties of the Chief.

[Res. No. 84-200, S5.1]

The duties and powers of the chief of police shall be as follows:

The police chief is the ranking and commanding officer of all the members of the police department. He shall be responsible for the enforcement of all laws and ordinances within the jurisdiction of the police department, the enforcement of the rules and regulations, the discipline of the police force, the supervision of police work throughout the Borough of Bogota and shall exercise such administrative authority and supervision of department work as may be assigned form time to time by duly adopted regulations.

He shall be held responsible for the discipline of the police department.

He shall be in full control of all members of the police department; both regular and special. He shall have power to assign all members of the department, superior officers and patrolmen, to any duty that he believes is in the best interest of the service. All members of said department, whether superior officers or patrolmen, shall obey his orders and directions.

He shall conduct an educational program for the members of the police department, and shall instruct them in the proper manner of enforcement of local ordinances and shall train and develop the individual members of the police force in their various duties. The chief of police shall see that members of the force attend all available and applicable schools dealing with police work. In this connection he shall have the power to detach any member of the department from regular duty and assign him to a training course, outside of the Bogota Police Department.

He shall be held strictly responsible for the preservation of the public peace in the Borough of Bogota and to insure good order, shall post members of the department in such parts of the borough as he may deem expedient.

He shall, with the assistance of such officers as may be detailed by him for that purpose, keep the police blotter and such books and records as may be necessary for the proper conduct of the police department of the borough.

He and/or his designee shall audit all bills for supplies, repairs, and other items required for the purpose of proper conduct of the police department, and shall certify all payrolls.

He shall enforce in the Borough of Bogota, the laws of the State of New Jersey, ordinances of the borough, and such rules and regulations relating to the Bogota Police Department as may be adopted from time to time by the mayor and council.

He shall be responsible for the enforcement of traffic laws and regulations throughout the Borough of Bogota, subject to the provisions of Title 39 of the Revised Statutes of the State of New Jersey and the approval of the police committee.

He shall carefully investigate or cause to be investigated all applications for licenses and ascertain full particulars relative to the place of business, type of business and the character, background and previous record of the persons applying.

He shall carefully investigate or cause to be investigated all cases of special faithfulness to duty, bravery or zeal in the performance of duty, with appropriate recommendations to the police committee.

He shall carefully investigate or cause to be investigated the injury or death of any member of the department while acting in discharge of duty and made a report and necessary recommendations to the police committee.

The chief of police, with the approval of the police committee, may excuse from duty a member of the force who makes an arrest of more than usual importance, or who in the line of duty performs intelligently some act or deed of particular merit; providing the necessities of the service permit. The number of tours excused shall depend on the importance of the act performed.

The chief of police is the chief administrative officer of the department, and the final departmental authority in all matters of policy, operations, and discipline. He exercises all lawful powers of his office and issues such lawful orders as are necessary to assure the effective performance of the department.

Through the chief of police, the department is responsible for the enforcement of all laws and ordinances coming within its legal jurisdiction. The chief of police is responsible for planning, directing, coordinating, controlling, and staffing all activities of the department, for its continued and efficient operation, for the enforcement of rules and regulations within the department, for the completion and forwarding of such reports as may be required by competent authority, and for the department's relations with local citizens, the city government, and other related agencies.

The chief of police is responsible to the police committee and the mayor and council of the borough to properly administrate the functions of the police department The chief of police shall inform the police committee of incidents and developments that may unusually affect public official relations.

The chief of police is responsible for the training of all members of the department. This includes the preliminary training of members upon their appointment to the department, and the continued training of all members of the department to improve their ability to serve the public more efficiently and to keep them abreast of new developments in the law enforcement field.

The chief of police or his designee shall be required to certify to the correctness of all bills incurred by the police department.

The chief of police and/or his designee shall be the custodian of all property coming into the possession of the police department, and shall be accountable for all such property delivered into his custody. He shall be responsible for the safekeeping, proper disposition, and accurate record of same. He shall see that all property is returned to its lawful owner when no longer needed by the department.

The chief of police shall be responsible for the administration and enforcement of rules and regulations for the control, disposition, and discipline of the department and of its officers and employee.

The chief of police shall be responsible for the administration of procedures consistent with State law, for the hearing and determination of charges or violation of department rules and regulations by any member of the police force.

The chief of police shall prescribe the internal organization of the department and the duties of his subordinates and assistants.

The chief of police shall administer the work of the department through the divisions established and such other units of administration as he may find necessary or desirable.

The chief of police shall have the power to assign the functions, powers, and duties of all members and employees of the department.

The chief of police shall delegate such of his powers as he may deem necessary for the efficient administration of the department to be exercised under his directions and supervision by division heads.

The chief of police shall report at least annually to the mayor and council, in such form as shall be approved by the governing body on the work of the department during the preceding year.

§ 23-5.2 Duties of the Captain of Police.

[Res. No. 84-200, S5.2; Ord. #1224, S1]

The duties of the captain shall be as follows:

The captain shall be the commanding officer of the police department in the absence of the chief of police.

He shall assist the chief of police in the management and discipline of the police department. He shall, in all his duties, be responsible to and under the supervision of the chief of police.

He shall plan, supervise, and review all activities, functions and scheduling of all uniformed personnel and patrols. He shall coordinate and supervise the activities and policies of all tour commanders and road sergeants.

He shall assist in the training of all uniformed personnel.

He shall be responsible for review of the enforcement of all rules, regulations and policies of the police department with respect to uniformed personnel and shall report his findings and recommendations to the chief of police for action.

He shall receive and review all incident reports, arrest and evidence reports filed or submitted by uniformed personnel, and shall report with respect thereto to the chief of police.

He shall conduct investigations of all cases of special faithfulness to duty, bravery or zeal in the performance of duty of all uniformed personnel, and shall report his findings and recommendations with respect thereto to the chief of police.

The captain shall, in addition to the duties set forth above, serve as the commanding officer and/or the tour commander.

§ 23-5.3 Duties of the Commanding Officers; General.

[Res. No. 84-200, S5, 3; Ord. #1275, S2; amended 3-3-2022 by Ord. No. 1572]

Subject to direction from the Chief of Police, a commanding officer has direct control over all members and employees within his command. Commanding officers may hold the ranks of Captain, Lieutenant or Sergeant. The duties and responsibilities of a commanding officer are as follows:

The commanding officers are responsible for the direction and control of personnel under their command to assure the proper performance of duties and adherence to established rules, regulations, policies and procedures. They will provide for continuation of command and/or supervision during their absence.

The commanding officers are responsible for the development and maintenance of esprit de corps and loyalty to the Department.

Commanding officers are responsible for maintenance of discipline and morale within their command, and the investigation of personnel complaints assigned to them by the Chief.

Commanding officers are responsible for the promotion of harmony and cooperation with other units of the Department. They will initiate proper action in cases not regularly assigned to their command when delay necessary to inform the proper unit might result in failure to perform a police duty.

Commanding officers are responsible for the proper organization and assignment of duties within their unit to assure proper performance of departmental functions and those of their command.

Commanding officers are responsible for the preparation of the required correspondence, reports, and the maintenance of records relating to the activities of their command. They are responsible for the communication of information up and down the chain of command as required.

Commanding officers are responsible for the proper use and maintenance of quarters, equipment, supplies, and material assigned to his command.

Commanding officers are responsible for the punctual attendance of all personnel within their command, and shall see that records are completed of each member's attendance, overtime, days off, leaves of absence, and vacations in such a manner and form as directed by the Chief of Police.

Commanding officers shall periodically inspect all members of their command to assure proper maintenance of personnel and Department equipment used within his command.

Commanding officers will assist subordinates in the preparation of cases so that they will not be incomplete due to neglect on the part of members of the Department. When in doubt as to the law, procedure, or status of a case, he shall consult suitable authority.

Commanding officers shall prepare efficiency ratings of their subordinates as directed by the Chief of Police.

In accordance with the direction of the chief of police, the commanding officers shall observe probationary officers assigned to their command, and prior to the expiration of their probationary period, they shall submit to the Chief a detailed written report concerning their qualifications to secure permanent status, and his opinion as to the desirability of their retention.

§ 23-5.4 Supervising Officer of the Detective Bureau.

[Res. No. 84-200, S5.4]

The supervising officer of the detective bureau will be designated by the chief of police. The commanding officer of this bureau will report directly to the chief of police. He will be responsible for the operation of all bureaus in the detective division and the juvenile youth bureau.

The supervising officer of the detective bureau will be responsible for the successful completion of the investigation of all crimes assigned to his bureau. He shall be responsible for the complete, accurate, and prompt preparation of reports pertaining to cases assigned to his unit.

Whenever the supervising officer of the detective bureau is called to the scene of a crime, he will be in charge of the investigation at the scene unless relieved by the chief of police.

The supervising officer of the detective bureau will maintain a "Criminal History" on every person arrested for a high misdemeanor by this department and persons arrested for certain misdemeanors as specified by department orders and procedures. These "Criminal History" records will include the person's fingerprints, fingerprint classification, F.B.I. and State Criminal Arrest Records, and photograph. He shall be responsible for the collection and preservation of evidence when appropriate.

The supervising officer of the detective bureau will render such assistance to other operating units of the department as may be necessary and shall notify them of any unusual criminal situations that may require their attention.

The supervising officer and members of the detective bureau will cooperate with and coordinate his efforts with those of other units and members of this department.

§ 23-5.5 Duties of the Tour Commander.

[Res. No. 84-200, S5.5; Ord. #1275, S2]

The post of the tour commander is within the main office of the police department. The post of the tour commander shall always be filled by a member of the department of the rank of a sergeant or senior patrolman. Upon the beginning of the tour commander's tour, he shall immediately note the date, time and his name in the police blotter, and shall subsequently enter all events and happenings which occur on his tour, noting the time and disposition of each event, and upon conclusion of his tour of duty, he shall sign out of the police blotter before he leaves headquarters.

The tour commander shall not leave his post during his tour of duty with the following exceptions:

Personal necessity.

Official duty within police headquarters.

Urgent police duty when directed by the chief of police.

Meal period.

When required to leave his post, he shall place a competent member of the force in charge.

A tour commander will not permit anyone behind the police desk except:

The mayor, police committee, and all other members of the council.

A member of the police department.

A judicial officer.

The medial examiner or his representative.

The borough attorney.

The prosecutor and his representative.

Any workman or other person duly authorized to perform work behind the police desk.

These persons may be allowed behind the police desk only in the performance of their duties.

The tour commander shall transmit all orders or instructions from the chief of police affecting any member of the force.

The tour commander will list the names of the members of the department reporting for duty on his tour in the police blotter. All uniformed members of the patrol division reporting for duty must report for duty and be inspected at the reporting hours of 12:00 midnight, 8:00 a.m., and 4:00 p.m., otherwise such member is late reporting for duty. Administration, detectives, patrolmen, and traffic shall be listed in the blotter upon reporting for duty as special shifts. Each tour commander will list in his roll call all members reporting for duty, inspected, and assigned. Absentees will be marked in the following order:

Absent with leave, day off other than furlough.

Absent with leave, vacation members of uniformed patrol.

Absent with leave, school any other member attending training school on his own time.

Absent with leave, sick other than extended.

Absent with leave.

Absent without leave.

In the case of a member of the department being absent without leave, the chief of police and/or his designee is to be notified immediately. The tour commander will list in the blotter any member who is absent without leave. The tour commander shall show by signature on the blotter that he has been relieved at the end of his tour.

The tour commander and/or patrol sergeant shall inspect without unnecessary delay, certifying such inspection with his signature, the activity sheets submitted by members of the department under his supervision at the expiration of their tours of patrol. All police actions and assignments performed by an officer or officers acting as a team shall be listed on his/their activity sheet. The tour commander or patrol sergeant certifying said activity sheets shall transcribe to the blotter any matters pertinent to further police action, and shall take such action as may be necessary an proper, an shall refer all matters of importance to the chief of police. The tour commander shall inspect, or cause to be inspected, all patrol vehicles and equipment assigned to each tour of duty, and cause the condition of the vehicles and equipment to be listed on the activity sheets.

During his tour, a tour commander is responsible for all telephone messages of police importance and police actions. On any matters of police importance, the dispatcher must consult the tour commander so that the matter can be properly handled.

The tour commander must notify the chief of police, verbally and/or in writing, of all important police actions taken during his tour of duty.

The tour commander shall be responsible for the supervision and review of all reports pertaining to police actions and matters.

The tour commander shall not permit the confinement in a cell of an injured or apparently ill prisoner. The Volunteer Ambulance Corps shall be called to treat any injury of a minor nature. Upon VAC member's recommendation and/or if the injury appears to be of a serious nature, the prisoner shall be transported to a hospital. No prisoner shall be transported to another facility without first completing the prisoner's health form. No female prisoner will be detained unless a police matron or acting police matron is in attendance at all times. The tour commander shall supervise the proper incarceration, handling, and constitutional rights of all prisoners detained by the Bogota Police Department.

The tour commander shall be held responsible for the strict adherence to the following regulations:

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, on or off duty, is required to strike or use considerable force against another person, he shall immediately call his commanding officer to the scene, or if not practicable, contact him as soon as possible following the incident and submit a written report to the chief of police via normal channels.

Custody of prisoners. Members 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.

Prisoners or suspects; safeguarding. Officers shall be cautious in the arrest and detention of prisoners or suspects, and shall take all necessary precautions to prevent an escape, or the carrying of weapons on the prisoner's person after arrest, or injury to themselves or any other person, or damage to property.

Prisoners or suspects: availability of weapons. Officers shall not place weapons or objects adaptable for use as weapons and capable of inflicting serious bodily injury, or permit such weapons or objects to remain unattended, in any location in the police quarters normally accessible to a prisoner or suspect. This regulations does not apply to fixtures or furnishings which are part of the physical plant.

Prisoner's property. 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. He shall see that such properties are safely stored until they can be returned to the arrested person.

Transportation of prisoners. When transporting prisoners, they shall be handcuffed with their hands behind their backs. The only exception to this rule shall be when the health or other physical condition of the prisoner does not permit it. Women and juveniles will not be handcuffed unless they are considered dangerous, violent, or escape risks.

Female prisoners. Female prisoners or suspects shall be touched only as necessary in taking them into custody and determining that weapons are not being concealed. This order should not be constructed as to prevent male officers form making necessary searches of female prisoners for evidence on high misdemeanor cases when women officers or matrons are not present.

Attorneys and bondsmen. No member of the department shall in the line of duty, either directly or indirectly, recommend the employment of any person as attorney or counsel. No member shall suggest or recommend the name of any bondsmen to any prisoner or suspect. No member shall post bond for persons under arrest, except members of his immediate family.

Transaction with prisoners. Members shall not do business with or engage in any business transactions with any person confined in the jail without the expressed permission of the chief of police.

The tour commander shall not permit any person to interview a prisoner except those named below, and shall make an entry in the cell book of the name, rank, and address of the persons holding such interview. All authorizations for interviewing prisoners must be obtained from the chief of police or his designee.

Authorized members of this police department.

Authorized members of other law enforcement agencies.

The prisoner's legal representative or members of the prisoner's family, upon the request of the prisoner, and then only through the security screen installed for that purpose in the cellblock.

A tour commander shall have charge of all prisoners and be responsible for their safekeeping while they are confined at the police headquarters. The court liaison officer shall be responsible for the safekeeping of any prisoners held at the court cellblocks while awaiting trial. The tour commander shall immediately after reporting for duty inspect or cause to be inspected all prisoners in cells and make note of their physical conditions and needs which information he shall record in the call ledger. He shall visit the cells, or cause them to be visited, from time to time during his tour of duty, and shall use the audio/visual monitor system at all times. In the event that a prisoner is confined for longer than eight (8) hours, the tour commander will see that he is fed.

The tour commander shall be responsible for notifying a member of the custodial staff for the clean and healthful condition of the police headquarters and office.

The tour commander shall be charged with the economical and/or proper use of electricity, heat, air conditioning, and police headquarters supplies during this tour of duty.

The tour commander shall be responsible for the receiving and filing on the alarm board of all computer and county messages and alarms. He will check the computer terminals periodically at reasonable intervals during his tour. Any police matter of importance shall be forwarded to the attention of the chief of police or his designee.

The tour commander shall be responsible for the forwarding of all incident, accident, and police action reports to the record bureau and to the chief of police during his tour of duty.

The tour commander shall be responsible for the recording of all lost, stolen, or other recovered property received by him during his tour of duty in the appropriate log, and in forwarding the property to the record bureau/identification bureau for safekeeping. A receipt shall be given to any person turning over property to the police department, and a copy of the receipt will be forwarded to the record bureau for proper channeling/filing.

The tour commander shall be responsible in seeing that a receipt is signed for any property or material which is released to any person by him during his tour of duty. A duplicate copy of the receipt shall be forwarded to the proper channel.

The tour commander shall be responsible for the proper operation of the police radio communications systems during his tour of duty, and he will see to it that the radio is used in an official manner and that all messages are kept to a minimum, using signals whenever possible. He will follow the radio procedure adopted for the Bogota Police Department by the chief of police.

The tour commander shall be responsible for the proper receipt and dispersal of all gasoline from the department gasoline tank. He shall further be responsible for the security and proper use of gasoline obtained from the police gas pump. All special conditions where gasoline is to be used for other than normal authorized use, must be cleared by the chief of police or his designee.

The tour commander will be responsible for the safekeeping of all keys for police vehicles under his control and not in use, and for the general condition of the headquarters keyboard.

The tour commander will inspect the uniformed officers under his command before they go on assignment to see that they are in the proper uniform of the day and that they have in their possession the proper equipment as specified in the uniform and equipment section of this manual. He shall report all violations that are not immediately corrected to the chief of police of his designee.

Tour commanders have direct control and supervision, subject to the orders of the chief of police, over all officers and employees assigned to their command. Tour commanders are responsible to and will report directly to the chief of police. They are responsible for the efficiency and effectiveness of their subordinates and shall coordinate the functions and activities of the various units of their respective commands. They shall at all times require their shifts to cooperate with other shifts and units of the department, and shall suppress any friction which may arise between shifts, or between officers on their shift.

Tour commanders are charged with, and shall be responsible for the investigation of complaints made by citizens relative to the subordinates under their command, and shall forward all reports and results to the chief of police as soon as possible.

Tour commanders will personally respond to any emergency or occurrence of a serious or unusual nature which arises within his jurisdiction, unless his presence at headquarters would be of more value under the circumstances. Under the latter circumstance, he shall assign a competent officer to take command at the scene of the emergency.

Tour commanders shall so regulate their command that, at all times when they are absent, it shall be under the command of a competent officer.

Tour commanders will report any unusual occurrence, homicide, attempted homicide, or other grave crime to the chief of police immediately.

Tour commanders are responsible for the treatment of prisoners while in the station or jail and under no circumstances will unnecessary violence be allowed in the management of a prisoner.

Tour commanders are responsible for the efficiency, discipline, and morale of all members of their command. They will submit written reports, through proper channels, concerning incompetency, misconduct, neglect of duty, or violations of rules and regulations by their subordinates. These reports will contain recommendations as to the action to be taken as outlined in the Disciplinary Procedures chapter of this manual.

Tour commanders will be responsible for conducting roll call and other forms of in-service training as directed by the chief of police.

Tour commanders will closely supervise the activities of their subordinates, making corrections where necessary and commending good work where appropriate. They shall have a working knowledge of the duties and responsibilities of their subordinates and be available for assistance or instruction as may be required. They shall critically observe procedures affecting the operation of their command and shall recommend changes designed to increase its effectiveness.

Tour commanders will make frequent inspections of the borough at irregular times, noting all violations of laws and ordinances and conditions requiring police attention. He shall take such steps as are necessary to correct the irregularities. He shall, at irregular and unusual hours, make tours of inspections of officers on duty to ascertain whether their duties are being properly performed.

Tour commanders will be alert to discover criminal activities whose continuance indicates the need to supplement the regular patrol during certain hours and in certain sections of the borough.

Tour commanders will be expressly required to see that all complaints and request for service anywhere in the borough are promptly and properly investigated, and that appropriate action is taken. They shall see that all criminal warrants are served as soon as possible.

Tour commander will notify the detective on call, in the event of a homicide or serious crime such as atrocious assault, hold-up, break and entry, homicides of all types, arrests for serious crime, etc. The tour commander shall make certain that the scene of a crime or fatality is secured until the arrival of the detective who shall then take charge of the investigation.

kk.

Tour commanders will require members of their command to give special attention to places where criminals, gamblers, prostitutes, vagrants, and persons associated with them may congregate. All legal means shall be employed to arrest them for eventual prosecution, and suppress their activities.

ll.

Tour commanders will counsel subordinate officers in the performance of their duties, and shall take suitable action in the case of any laxity, misconduct, incompetence, inefficiency, or neglect of duty that may come to their attention.

mm.

Tour commanders will require the members of their command to make prompt and thorough investigations of crimes that occur in their jurisdiction with a view to the identification and apprehension of perpetrators, the discovery and interrogation of suspects, location and interviewing of witnesses, and the recover of stolen property.

nn.

Tour commanders shall review from the tour commander relieved, and pass on to their relief, any information of special details, assignments, and any other information which might facilitate the accomplishment of the police takes.

oo.

Tour commanders will be thoroughly familiar with the duties of a patrolman, and shall assist and instruct officers under their supervision in the proper discharge of duty. Tour commanders will be held responsible for the efficiency, discipline, good conduct, appearance, and strict attention to duty of the patrolmen under his supervision.

pp.

In assigning meal periods, tour commanders shall designate meal periods so that only one member is eating at a time, except under unusual situations.

qq.

The tour commander shall, in the event of any of the following crimes or occurrences, follow the indicated procedure:

Dead on arrival cases. Notify the medical examiner and the prosecutor's office. Do not remove the body until directed by the medical examiner. The medical examiner will either release the body to the family or direct where it is to be taken.

Auto deaths. Notify the medical examiner and the prosecutor's office. Do not remove the body until directed by the medical examiner. The medical examiner will either release the body to the family or direct where it is to be taken.

Homicide. Same procedure as paragraph 2.

Bank robbery. Have responding officer make initial report; notify chief; secure scene; notify Federal Bureau of Investigation; notify detective on call.

Theft from interstate shipment. Handle as in paragraph 4.

In all the above instances the chief of police is to be notified immediately. The Untied States Criminal Code, Section 1014, sets forth that bail for Federal Offenses may only be set by a person on the Federal level. Tour commanders will not make bail for Federal Offenses.

§ 23-5.6 Duties of Supervisory Officers.

[Res. No. 84-200, S5.6]

Supervisory officers shall be responsible for the following:

They shall be responsible for the close supervision of all activities of their subordinates, making corrections where necessary and commending where appropriate.

Supervisory officers shall be responsible for providing on-the-job training as needed for efficient operation and coordination of effort when more than one member or employee is involved.

Supervisory officers shall exercise direct command in a manner that assures the good order, conduct, discipline, and efficiency of subordinates. This exercise of command may extend to subordinates outside their usual spheres 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.

Supervisory officers shall be responsible for the enforcement of department rules and regulations and requiring compliance with department policies and procedures.

Supervisory officers shall be responsible for the inspection of activities, personnel, and equipment under the supervision, and initiating suitable action in the event of a failure, error, violation, misconduct, or neglect of duty by a subordinate.

Supervisory officers 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.

Supervisory officers shall respond to calls of serious emergencies, crimes in progress, assaults, and other occurrences of a serious or unusual nature unless actively engaged in a police incident. He shall observe the conduct of the assigned personnel and take active charge when necessary.

Supervisory officers are directly responsible for the actions of his subordinates, and if he does not take the proper disciplinary action, he must shoulder the responsibility for the offender's action.

§ 23-5.7 Duties of Sergeants on Patrol.

[Res. No. 84-200, S5.7]

Sergeants on patrol shall be responsible for the following:

The patrol sergeant shall not be confined to one (1) post, but will be allowed to patrol at will throughout the entire borough so that he may act in his supervisory capacity.

A sergeant on patrol is charged with exacting the proper performance of patrol and other police duty by the members of the force. He shall assist and instruct the patrolmen in the discharge of their duties.

If the patrol sergeant finds any irregular or improper conduct or neglect of duty on the part of his patrolmen, or if he finds men off post or out of uniform, he shall immediately report his findings to the inspector and the chief of police.

The sergeant on patrol is directly responsible to the tour commander for the conduct and action of the patrolmen, and if he fails and/or neglects to take action on violations, he will be held responsible for all conditions which are contrary to the rules and regulations, and he shall be subject to disciplinary action.

§ 23-5.8 Duties of Police Dispatcher/Communications Officer.

[Res. No. 84-200, S5.8]

The duties of the police dispatcher/communications officer are as follows:

The police dispatcher/communications officer shall be responsible for the answering of incoming phone calls and radio messages promptly, and dispatching patrol units where and when appropriate. Such dispatching shall be accomplished without delay.

The police dispatcher/communications officer shall promptly and courteously answer all requests for service and other business from citizens who communicate with the office via telephone or who come into the police department for service.

The police dispatcher/communications officer shall be responsible for the entry of all complaints and request for police and emergency services on the dispatcher's log report.

The police dispatcher/communications officer shall be responsible for maintaining the radio dispatch log report and obtaining pertinent information on complain service report forms.

The police dispatcher/communications officer shall be responsible for notifying the tour commander of all matters of importance and all police action. The police dispatcher/communications officer shall be responsible for notifying the tour commander of any employee who will be absent because of illness of any other cause>

The police dispatcher/communications officer shall be responsible for the maintenance of the street light ledger and shall enter in the ledger all streetlights reported out or burning dimly. The police dispatcher/communications officer on duty from 8:00 a.m. to 4:00 p.m. shall report these streetlights to the Public Service Company.

The police dispatcher/communications officer shall be responsible for the receipt and proper transmittal, using currently approved methods, of all emergency alarms coming in the Bogota communications Center.

§ 23-5.9 Duties of the Patrolman.

[Res. No. 84-200, S5.9; Ord. #1039, S1; Ord. #1237, S1]

Patrolmen shall be responsible for the following:

A patrolman is responsible for the accomplishment of the police mission on his post. He shall constantly be vigilant and on the alert for violations of the laws and ordinances, and shall make very effort to prevent breaches of the peace and offenses against persons and property. He shall be held accountable for crime, accidents, disorders, and other criminal conditions on his post.

Patrolmen shall report promptly, at the designated hour and place, in proper uniform, for assignment, and inspection. He shall listen attentively to orders and instructions of his superior officers and read such materials as is made available to him. He shall make written memorandum of such information as necessary, and shall immediately proceed to his post upon completion of these tasks.

Patrolmen are charged with learning the geographical character of the borough well enough to enable them to give adequate directions to streets, public buildings, depots, hospitals, and highways in an intelligent manner when requested. When unable to give the information requested, they shall either obtain it or direct the inquiring party to the person form whom the information may be obtained.

A patrolman shall thoroughly familiarize himself with his post, learning the locations of night telephones, fire alarms, alleys, streets, and highways. He shall be familiar with all public businesses, offices, and their entrances, exists, skylights, fire escapes, and other possible means of escape. While making security checks of doors, he shall likewise familiarize himself with the locations of safes and night lights. Changes in night lights will be particularly noticed.

Patrolmen shall at all times maintain an alert and business like manner, avoiding loitering or lounging about places of business or on the street. He shall not conceal himself nor leave his post except for some police purpose.

During his tour of duty the patrolman shall continuously patrol every part of his post, giving particular attention to and frequently rechecking locations where the crime hazard is great. Insofar as possible, he shall not patrol his post according to any fixed route or schedule, but shall alternate frequently and back-tract in order to be at the location least expected.

When a door or window is found open under suspicious or unusual circumstances on any tour of duty, a patrolman shall make a through investigation and determine, if possible, whether a burglary or other crime has been committed and whether the door or window can be secured,. He shall, if necessary, summon assistance to examine the premises and to secure such doors and windows. He shall notify his commanding officer and the owner, who must respond to the scene.

Under circumstances indicating that a burglar is still inside a building, the officer discovering same should immediately summon assistance and then stand guard until sufficient assistance has arrived, when the building will be entered and searched.

A patrolman shall observe all persons whom he encounters upon his post, and shall investigate any person whose appearance, conduct, or presence seem suspicious. He shall be particularly alert as to the actions of persons at night.

He shall be on the alert for persons answering the description of missing persons and wanted criminals, as well as vehicles reported stolen, or used in the commission of a criminal offense. He shall investigate the occupants or contents of vehicles which cause suspicion. Any such investigation or search shall be in accordance with proper legal procedure.

At night, when the occasion demands it, they shall courteously, but firmly, question persons on the public streets as to their names, addresses, cause for being on the street, and other matters relating to the circumstances. In all cases, good judgment and discretion should be used in making a decision to arrest.

Uniformed officers shall give particular attention to the places where vice violators might congregate. They shall use every lawful means to suppress the illegal activities of such persons, prosecute the, and he shall require all such establishments to be conducted in accordance with borough ordinances and State laws, and shall report all violations.

A patrolman shall be friendly toward all children and be ever watchful of their physical and moral welfare, using every legal means to prevent the formation of gangs and the disbanding of any in existence. He shall warn children away from playing in dangerous areas.

Motorized patrolmen are charged with the enforcement of all provisions of local and State traffic codes. Failure to take appropriate action in traffic violations cases is considered neglect of duty.

A patrolman shall take notice of all nuisances, impediments, obstructions, defects, or other conditions, in or adjacent to the streets, alleys, and public places, which tend to endanger the health, safety, or convenience of the public. He shall report to the radio dispatcher street lights out, water leaks, traffic hazards which require immediate action. A written report shall be made to his superior officer of any traffic or other existing hazard in need of correction but not requiring immediate action.

A patrolman shall carefully investigate all complaints on or near his post which are assigned to him or which are brought to his attention by citizens. He shall take suitable action in those cases which come under his jurisdiction, and inform interested parties of the laws or ordinances relative to the particular complaint or incident. If the legal remedy of the complaint lies outside of the jurisdiction of the police department, he shall advise the complainant accordingly and refer him to the proper authority.

At the scene of major crimes, subject to the direction of higher authority, the first officer at the scene, after it has been established that the perpetrator is no longer present, will begin preliminary investigation, except in the case of homicide or apparent homicide. In those instances, a member of the detective bureau will be called to the scene immediately. In all instances, members not assigned will not enter the premises or do any other thing that might interfere with the investigation or destroy evidence. In the cases of homicide, the first duty of the uniformed officer is to guard the scene, excluding all unauthorized persons and to detain all witnesses for interrogation.

Motorized patrolmen shall pay strict attention to all regular audio transmissions. When they fail to hear any radio transmissions or time signals for a period not to exceed fifteen (15) minutes, they shall immediately call the dispatcher for a special test. If, after three (3) attempts, he fails to receive an acknowledgement, he shall immediately contact the tour commander by telephone. In case of radio trouble, the officer shall notify his tour commander and/or dispatcher of the nature of the trouble.

Patrolmen will immediately notify the tour commander, and make note on their activity sheet, of any street lamp not burning or burning dimly.

Patrolmen shall direct traffic from the center of the street. When directing traffic where traffic control devices are in operation, the patrolman shall supervise the control of the lights from the sidewalk, and shall aid any pedestrian in crossing.

Patrolmen on tour will ascertain that traffic signs and traffic control devices are operating properly. Any equipment or property in need of repairs must be reported to the tour commander. Any damages to any property must be reported in writing to the tour commander.

All members of the department shall report for roll call and inspection in full and proper uniform at the time and date set forth by the chief of police. All uniformed personnel shall have in their possession for inspection, a nightstick, flashlight, notebook, summons book, a Glock Model 32, .357 caliber handgun, an approved holster and belt containing thirty (30) .357 caliber cartridges in two (2) magazines of ammunition, and a handcuff case and handcuffs. No patrolman will be allowed to take his post unless he is so equipped and unless he is properly uniformed. The patrolman will not remove his uniform or any part of it or equipment for any reason except for personal necessity and/or with the permission of a superior officer during his tour of duty.

Patrolmen shall be required to enforce the traffic regulations of the State of New Jersey and the Borough of Bogota, and issue summons to violators in accordance with Title 39 of the Revised Statutes of New Jersey of borough ordinance, or any general orders issued by the chief of police.

Patrolmen shall be responsible for checking liquor stores on their posts, and ensure that they close on time. They shall notify the tour commander when liquor stores are closed. In the event the liquor stores stay open after closing hours, the patrolman will notify the tour commander and immediately close the establishment. He will list this action on his activity sheet.

The patrolman shall be held strictly accountable for the proper use of the department vehicles. He shall inspect each vehicle before he assumes charge of it prior to going on post, and shall report to the tour commander any damage to the vehicle and any missing or damaged equipment. The patrolman shall note the results of such inspection on his activity sheet. Any patrolman who does not report damages must assume responsibility for it.

Patrol shall normally be conducted at a speed of twenty-five (25) miles per hour or less, and all traffic rules, regulations, and signals will be strictly obeyed. The only time that speed and traffic rules may be disregarded is when the vehicle is in pursuit of a criminal or a motor vehicle violator or an emergency detail, at which time the siren will be sounded and the flasher will be on. Parking regulations will always be respected. Police vehicles will not be operated on unimproved streets unless on emergency details.

Any member of the police department who damages a department vehicle or equipment must report such damage to the tour commander immediately, and submit a written report of same to the chief of police. Failure to report damage is cause for disciplinary action and/or suspension.

§ 23-5.10 Duties of Detective Bureau.

[Res. No. 84-200, S5.10]

All members of the detective bureau shall be responsible for the following:

The Bogota Police Department shall have as a part of its organization a detective bureau. The personnel of this bureau shall be temporarily assigned by the chief of police.

The personnel of the detective bureau will work under the close personal supervision of the chief of police, and will refer all matters to his attention. They will be temporary personnel and may be reassigned to other duties without cause.

The detective bureau will have the ultimate responsibility for the clearance, by arrest of the responsible and the recovery of stolen property, all high misdemeanors and any other offenses specifically assigned by the chief of police.

The detective bureau shall be responsible for making all follow-up investigations and written reports on all high misdemeanors and any other offense specifically assigned by the chief of police.

The detective bureau shall be responsible for the follow-up investigations and a complete investigation of all homicides and apparent homicides.

Members of this bureau shall give efficient and prompt attention to the investigation of crimes assigned to them, and utilize all agencies at hand and available elsewhere for the clearance of crimes by the arrest of the offender and the recovery of any stolen property.

All members of this bureau shall in their contacts with other members of the department conduct themselves in a courteous and respectful manner, and strive to promote and maintain a harmonious relationship. The name of other officers assisting in the arrest or investigation shall appear on the appropriate report.

The identification unit/identification bureau within the detective bureau shall be responsible for taking the necessary photographs at crime and accident scenes.

The identification bureau within the detective bureau shall be responsible for the fingerprinting and photographing of all prisoners arrested by or turned over to them.

The identification unit within the detective bureau shall be responsible for all the photography work of the department in all of its phases.

The youth bureau within the detective bureau shall be responsible for the preliminary and follow-up investigations of offenses committed by juveniles. This will also include offenses when the victim is a juvenile.

§ 23-5.11 Duties of Records Bureau.

[Res. No. 84-200, S5.11]

The duties of the records bureau shall be as follows:

The records bureau will supervise and direct the clerical personnel assigned to the department, and be responsible for the efficient performance of all duties and services required of the clerical personnel.

The records bureau shall prepare or cause to be prepared such statistical analysis of crime occurrences, rates, types, objects of attack, method of operation, and location as may be required by the chief of police.

The records bureau shall prepare or cause to be prepared the monthly police department report and such other Federal, State and local reports as directed by the chief of police.

The records bureau shall see that all case reports, continuation and supplement reports, accident reports, arrest records, warrants, traffic citations, complaint reports, and the appropriate index cards are filed and processed in accordance with departmental orders and procedures.

The records bureau shall maintain or cause to be maintained records containing vacation leave, sick leave, overtime worked, training schools and courses attended, and so forth for every member of the department.

The records bureau shall maintain departmental files as directed by the chief of police.

§ 23-5.12 Duties of the Lieutenant.

[Added 3-3-2022 by Ord. No. 1572]

The duties of the Lieutenant shall be as follows:

The Lieutenant shall be the commanding officer of the Police Department in the absence of the Chief and Captain of Police.

He shall assist the Chief of Police and Captain in the management and discipline of the Police Department. He shall, in all his duties, be responsible to and under the supervision of the Chief of Police.

The Lieutenant shall oversee the following departments; patrol, Detective Bureau, records, and dispatch. The Lieutenant is also charged with a variety of other assignments that contribute to the running and good order of the Police Department.

He shall assist in the training of all uniformed personnel.

The Lieutenant shall, in addition to the duties set forth above, serve as a commanding officer and/or the tour commander.

§ 23-6 GENERAL RULES, REGULATIONS, AND PROVISIONS.

§ 23-6.1 Professional Conduct and Responsibilities.

[Res. No. 84-200, S6.1]

General responsibilities. Within their lawful jurisdiction, members shall at all times take appropriate action to:

Protect life and property;

Preserve the peace;

Prevent crime;

Detect and arrest violators of the law.

They will also enforce all Federal, State and borough laws and ordinances coming within department jurisdiction.

Standard of conduct. Members and employees shall conduct their professional lives in such a manner as to avoid bringing the department into disrepute.

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 form 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.

Loyalty. Loyalty to the borough, the department, and to associates is an important factor in departmental morale and efficiency. Members and employees shall maintain a loyalty to the borough, the department, and their associates as is consistent with law and personal ethics and professional standards.

Coordination. In carrying out the functions of the department, members shall direct and coordinate their efforts in such manner as will tend to establish and maintain the highest standards of efficiency.

Cooperation between ranks. 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.

Cooperation with other agencies. Officers shall cooperate with all law enforcement agencies, other borough departments, and public service organizations, and shall give aid and information as such organizations may be entitled to receive, consistent with departmental orders.

Assistance to other members. All members are required to take appropriate police action toward aiding a fellow officer exposed to danger or in a situation where danger might be impending.

Uncalled for remarks. No officer or employee of the department shall, upon the street, in any business house, or elsewhere, make any remark in regard to any officer or member of the department which may bring the department or any officer or member thereof into disrepute, or subject it or them to any ridicule while in performance of his duties. Any such matter should be brought to the attention of the chief of police.

Truthfulness. Members and employees are required to be truthful at all times whether under oath or not.

Neglect of duty. Members and employees shall not commit any act, nor shall they be guilty of any omission that constitutes neglect of duty.

Performance of duty. All members and employees shall perform their duties as required or directed by law, department 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.

Future rules and regulations. The mayor and council, the police committee, and the chief of police reserve the right to pass future rules and regulations on subjects and matters not covered by these rules and regulations with approval and review of the Bogota Police Department Negotiation Committee.

Insubordination. Members or employees while on duty, shall not commit acts of insubordination. The following specific acts are prohibited by this section:

Failure or deliberate refusal to obey a lawful order given by a superior officer.

Any disrespectful, mutinous, insolent, or abusive language or action toward a superior officer.

Orders. Any order posted on the bulletin board of the department over the signature of the chief of police shall have the same effect as, and be construed as part of, these rules and regulations.

Obedience to laws and regulations. Members and employees shall observe and obey all laws, ordinances, rules, regulations, and orders of the department.

Obeying orders. All members shall promptly observe lawful order emanating from any superior officer. Obedience to an unlawful order is never a defense for an unlawful action.

Criticism of official acts or orders. Members and employees shall not criticize the official actions, instructions, or orders of any department member in a manner which is defamatory, obscene, unlawful, or which tends to impair the efficient operation of the department.

Criticism of officers. Every member shall in his every day-to-day performance of his duties while on duty refrain from making any statement or allusion which discredits or disparages any member, except when reporting to his superiors as required by these rules. Every member shall accord courtesy, consideration, and cooperation to every other member. He shall avoid the manifestation of any unfriendliness toward any member.

Criticism of department. Constructive criticism of the department of any operation, employee or police of the department is encouraged. Whenever there are any such constructive criticisms they shall be discussed only with members of the department and shall be transmitted up the chain of command for appropriate action.

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 to by rank.

Manner of issuing orders. Orders from superior to subordinate shall be in clear, understandable language, civil in tone, and issued in pursuit of department business.

Questions regarding assignment. Members and employees in doubt as to the nature or details of their assignment shall seek such information from their supervisors by going through the chain of command.

Conflicting orders. Should any order conflict with any previous order from another superior officer, the member shall promptly and respectfully call attention to such conflict or order for the benefit of said superior officer. If said superior officer does not change his order to obviate such conflicts, his order shall stand.

Unlawful orders. No commanding or supervisory officer shall knowingly issue any order which is in violation of any lawful ordinance or departmental order or rule.

Obedience to unlawful orders. Obedience to an unlawful order is never a defense of any unlawful action; therefore, no member or employee is required to obey any order which is contrary to Federal or State law or local ordinance. Responsibility for refusal to obey rests with the member. He shall be strictly required to justify his action.

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 in paragraph bb.

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. Interdepartment action regarding such an appeal shall be conducted through the office of the chief of police.

Reporting violations of laws. Members and employees observing or knowing of other members or employees committing a crime shall report same in writing to the chief of police via official channels. If the member or employee believes the information is of such gravity that it must be brought to the immediate personal attention of the chief of police, official channels may be bypassed.

Informing superiors. Members shall inform superiors of any matter coming to their attention which may affect the welfare or be of interest to the department or any other borough service.

Intercession; soliciting. Members and employees shall not solicit anyone to intercede with the chief of police, police committee, mayor, or members of the council in relation to personal preferment, advantage, transfer, advancement, assignment, disposition of pending charges, findings in a departmental trial, or any other related matter.

Soliciting. Members and employees shall not, under any circumstances, either individually or collectively, solicit any gift, gratuity, loan, fee, or reward for performance of duties or where there is any direct or indirect connection between the solicitation and their departmental membership or employment. This provision shall not preclude fund-raising efforts on behalf of any police fraternal organization.

Solicitation of special privileges. No officer shall use his badge, uniform, identification card, or official position to solicit special privileges for himself or others. An officer may use his badge or other official credential to obtain admission to any public gathering when such use is in furtherance of official duty.

Acceptance of consideration. No member or employee shall accept, either directly or indirectly any gift, gratuity, loan, fee, reward, compensation, or any other thing of value in money or in consideration, from any person, agency, court, court official, justice of the peace, business, or any other source, arising from or offered because of police employment or any activity connected with said employment, or for services rendered in the line of duty. No member or employee shall accept any gift gratuity, loan, fee, reward, compensation or any other thing of value, the acceptance of which might tend to influence directly or indirectly the actions of said member or employee or any other member or employee, in any matter of police business, or which might tend to cast adverse reflection on the department or any member or employee thereof. The only exception shall be for salary, fees, or compensation that are specifically provided and authorized by law.

Contributions. Members while on duty shall not collect or receive any money, or other thing of value, nor shall they circulate subscription papers, sell tickets of any kind, or collect money from any person, for any purpose without the express and individual written permission of the chief of police.

Disposition of unauthorized considerations. Any unauthorized gift, gratuity, loan, fee, reward, compensation, 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.

§ 23-6.2 Prohibited Activity on Duty.

[Res. No. 84-200, S6.2]

Acts enumerated. Members and employees are prohibited from engaging in the following activities while on duty with the exception as noted;

Officers shall not sleep on duty.

Officers shall not loiter in cafes, drive-ins, service stations or other public places except for the purpose of transacting police business or to take regular meals as provided for in department orders. Officers shall not loiter in the police department offices and particularly the business office, except while actually transacting police business.

Officers shall not read for recreational purposes except at meals.

Officers shall not shop, barter, trade, or conduct private business while on duty, nor devote any of their duty time to any activity other than that which pertains to their work.

Officers shall not carry newspapers or other articles while in uniform, except in the performance of police duty.

Officers in uniform, on or off duty, shall not shop extensively or carry large quantities of merchandise unless directly connected with their normal police activity or required in the line of duty.

Alcoholic beverages and drugs.

No member or employee of the department will appear for or by on duty while under the influence of liquor or drugs, or be unfit for his regular scheduled tour of duty because of their excessive use.

No officer in uniform, or in any part of his uniform either on duty or off duty, shall drink any kind of intoxicating beverage in public view or in a public place, accessible to the public.

No member or employee shall take any drugs not duly prescribed and necessary for their health at any time.

No officer in plain clothes shall drink any alcoholic beverage while on duty, except when necessary in the performance of duty.

Members and employees of the department shall refrain from drinking intoxicating beverages for a reasonable period before going on duty.

Members and employees shall not bring into or keep on departmental premises, any intoxicating liquor, except when necessary in the performance of a police task.

Roll call. Unless otherwise directed, members shall report to daily roll call at the time and place specified, properly uniformed and equipped. They shall give careful attention to orders and instructions.

Smoking while on duty. Members shall not smoke on duty while in direct contact with the public, nor when in uniform in public view, except that smoking is permitted in public view at mealtimes and while patrolling on police automobiles, at which times it shall be as inconspicuous as possible. Smoking shall not be indulged in by any member of the department under conditions which may be harmful to good conduct or procedure.

Relief.. Members and employees are to remain at their assignments and on duty until properly relieved by other members or employees, or until dismissed by competent authority.

Suspending patrol for meal or coffee break.

Members shall be permitted to suspend patrol, subject to immediate call at all times, for the purpose of having one meal during their shift. However, at no time shall such member leave his post to go "out of service" for such purpose, and he shall arrange to suspend patrol only at such time as it will cause the least interference with his regular duties. Meal period shall conform to terms of the Collective Bargaining Agreement.

Members are to arrange to take meals and coffee breaks at times during shift so not more than one (1) unit is at any one (1) location at the same time.

Training. Members shall attend in-service training in the theory and practice of law enforcement at the direction of the chief of police or commanding officer at expense of employer.

Military courtesy. When meeting in public, members shall conform to normal courtesy standards and refer to each other by rank.

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.

Reporting for duty. Members of the department shall be punctual in reporting for duty at the time and place designated by their superior officers. Repeated failure to report promptly at the time directed shall be deemed neglect of duty and made the subject of charges. Sickness or illness must be reported by a member at least one (1) hour prior to the time he is due to report for duty. Once having reported off sick, the member shall keep the department advised as to his status and expected return to duty. Shifts: 12:00 a.m. - 8:00 a.m., 8:00 a.m. - 4:00 p.m., 4:00 p.m. - 12:00 a.m.

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". Such absences within the period must be reported in writing to the chief of police.

Unexplained absence. Unexplained absence for two (2) days or more of any officer or member of the department shall be deemed, and held to be, a resignation by such officer or member, and accepted by such by the chief of police.

Illness or death of member of family. In case of dangerous illness of a member of the immediate family of any officer or member of the department, or incase of death of a member of the immediate family of any officer or member of the department, emergency leave of three (3) days will be granted by the chief of police.

For the purpose of this subsection, a member of the immediate family shall be defined as follows: wife, husband, grandparent, parent, stepparent, foster parent, mother-in-law, father-in-law, brother, brother-in-law, sister, sister-in-law, child, stepchild, foster child, son-in-law, daughter-in-law, grandchild.

Exceptions to this rule may be made where the deceased is buried in another city, and the member would be unable to return in time for duty with leave granted.

Knowledge of laws and regulations. Every member is required to establish and maintain a working knowledge of all municipal laws and ordinances currently in force, the rule and policies of the department, and the general and special orders of the department. 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. (All members shall receive a copy of the Rules and Regulations and any amendment thereto as same may be adopted and prior to enforcement shall be granted thirty (30) days in which to familiarize themselves with its contents.)

Tours of duty. The members of the uniformed force will work the following rotating tours: 12:00 midnight to 8:00 a.m., 8:00 a.m. to 4:00 p.m., and 4:00 p.m. to 12:00 midnight. All tours of duty shall conform with the currently effective Collective Bargaining Agreement, provided, however, that the headquarters and detective division personnel will work such tours as directed by the chief of police.

Posts. The chief of police shall establish posts for motor patrol, foot posts, and any other post he deems necessary. These posts may be changed by the chief of police at any time.

Official business. All members shall treat as confidential the business of the department. They shall give such information only to those authorized to receive it.

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.

Physical fitness. All members of the department shall maintain good physical condition so they can handle the strenuous physical contacts often required of a law enforcement officer.

Refreshments on duty. Officers shall not leave their place of assignment for coffee or refreshments except with permission of their commanding officer.

Responding to calls. Members of the department shall respond without delay to all calls for police assistance from citizens to 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 is justification for misconduct charges.

Immediate action. Except where circumstances make it necessary for members to report a mater or refer a compliant to a more suitable member or agency, members shall be attentive to take suitable action on reports and complaints by a private person. Proper requests for information or assistance shall be fulfilled, and members shall aid the person in otherwise obtaining the requested information or assistance.

(Reserved)

Departmental keys. Employees shall obtain permission from the chief of police before having duplicates made of any departmental key, or before lending or furnishing departmental keys to any persons not employed by the department.

Activity operations reports. On each tour of duty, offices shall complete all items listed on activity operations cards, the form of which shall be established by the chief of police. In addition each officer shall list all occurrences on post and all details handled. The names, addresses, and other pertinent information on all persons questioned or interviewed shall be listed on activity sheets or any such necessary report. The sheet shall be signed with the name and shield number of the officer at the end of his tour of duty.

Expenses. No member of the force shall incur an expense chargeable against the Borough of Bogota except with the knowledge and the approval of the chief of police, except where provided for in Chapter V, section 23-5.5, paragraph m., of these rules and regulations for prisoners' meals.

Acting superiors. A member temporarily filling the position of a superior, in an acting capacity, shall be vested with all the authority and responsibility of the superior.

Unnecessary interference; private businesses. Officers shall not interfere unnecessarily with the lawful business of any person.

Special police work. No member shall engage in special police work, unless he has received specific permission to do so from the chief of police. Special police work shall be deemed the performance of police duties while wearing the full uniform of the Borough of Bogota Police Department, while receiving compensation from any entity or person other than the Borough of Bogota Police Department.

Days off. All officers and members of the department shall be entitled to days off as provided in the work schedule promulgated by the chief of police.

Vacation. All officers and members of the department shall be entitled to vacations as set forth in their contract with the borough.

Off duty service. Members off duty shall perform necessary police service whenever and wherever they are aware of a criminal offense, excluding minor traffic incidents.

Off duty neighborhood disputes. Members shall not intentionally become involved in neighborhood quarrels or disputes when off duty. These disputes should be handled by disinterested persons or on duty officers.

Off duty reporting in emergencies. Subject to the currently effective Collective Bargaining Agreement, all officers and members of the department when on vacation on regular day off, are subject to recall to duty by the chief of police in the event of an emergency, which by its nature would necessitate the need of such officers and members. Such members shall, upon official notice, report for duty immediately upon receipt of notification, and comply with instructions given at the time of notification. Members shall report immediately in the event of any major disaster.

Injury in line of duty. In the case of personal injury sustained by an officer or member of the department while in the performance of his duty, he shall immediately or as soon as thereafter as possible report or cause to be reported such injury to the chief of police, who will investigate and forward a report to the police chairman.

Payments for line of duty injury. Employees or members shall not accept or agree to accept anything for personal injury incurred in the line of duty without first notifying the chief of police.

§ 23-6.3 Uniforms, Equipment and Appearance.

[Res. No. 84-200, S6.3; Ord. #1039, S1; Ord. #1237, S1]

Regulation uniforms required. All members shall maintain regulation uniforms. Uniforms shall be kept neat, clean, and well-pressed at all times.

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.

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.

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, in accordance with department instructions.

Uniform specification. The Bogota police committee, and the chief of police shall specify a certain color, type, and material of uniform and equipment which will be worn by all members of the department. Same shall be appended hereto as Schedule A.[1]

[1]

Editor's Note: Schedule A, Uniform Requirements for Oncoming Officers, is included as an attachment to this chapter.

Uniform designations. Uniforms for the borough police department shall be designated as winter season, spring and fall season, and summer season. Directives concerning these seasonal uniforms shall be issued at the appropriate times.

Uniform provisions. Members of the force shall maintain in a clean and serviceable condition, such articles of uniformed equipment as are prescribed for their rank and for the duty to which they are assigned. No uniform shall be worn until it has been inspected and approved by the chief of police as to fit, material, workmanship, and compliance with the specifications prescribed by the chief of police.

Wearing of uniforms. Members of the force on duty shall be completely and properly uniformed, except when assigned to the detective bureau or other plain clothes assignment, and shall be equipped at all times. The uniform must be kept tightly buttoned at all times, and leather brass will be shined. Members of the force shall at all times carry regulation cap and hat shield, and when in uniform shall display their shields on the outermost garment over the left breast. The shield is to be worn similarly if at any time it becomes necessary when in plain clothes to establish an officer's identity.

Change of apparel. Members of the force must be prepared to change from uniform to civilian clothes if their services are required for investigations. Distinguished police uniform shall not, at any time, be worn on the street in conjunction with civilian clothing.

Altering 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.

Carrying required equipment when in uniform. While on duty, members who are required to wear the specified uniform shall always have immediate access to the following:

Badge.

Police department identification card.

Glock Model 32, .357 caliber handgun.

Thirty (30) .357 caliber cartridges in 2 extra magazines.

Set of handcuffs and case, either Peerless or Smith and Wesson.

A night-stick.

Notebook.

Summons book.

Clipboard for daily reports, and a ball point pen.

Foul weather gear, as necessary.

Flashlight, as necessary.

A member shall also carry specially issued equipment and forms necessary for performing his duties.

Equipment in civilian clothes and on duty. While on duty, members who are required to wear civilian clothes shall carry as full equipment, the following:

Badge.

Police department identification card.

Department approved 9mm or other approved weapon and extra ammunition.

Set of department approved handcuffs.

Carrying equipment off duty. When off duty, each member will carry or have in his immediate possession, his identification card. This rule shall not apply when members are engaged in sports and activities of such a nature as to make it impractical.

Civilian clothing; manner or 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 officer personnel in private business firms, unless otherwise directed. All articles of clothing shall be of a conservative nature.

Equipment. All equipment must be clean, in good working order, and conform to department specifications.

Uniform and equipment damage claim. Subject to the currently effective Collective Bargaining Agreement, when an article of uniform, equipment, or eyeglasses is damaged or lost in the line of duty, application for reimbursement may be made to the chief of police, who will submit same to the police committee for consideration. Such application shall state in detail how and when the damage or loss occurred, and the date of purchase and cost of the article, with statements of witnesses to the occurrence attached. An endorsement by the chief of police shall show whether the damage was sustained in the proper performance of police duty, and whether in his opinion the application should be approved. No damaged article shall be replaced or repaired until inspected by the chief of police.

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:

Hair shall be evenly trimmed at all times while on duty and shall not touch or fall beyond the collar of uniform shirt or dress blouse.

Sideburns shall not extend below the bottom of the ear. The maximum width at the bottom of the sideburns shall not exceed one and three-fourths (1 3/4) inch.

A clean-shaven appearance is required, except that mustaches are permitted. Mustaches shall be neatly trimmed.

Beards shall not be permitted.

Personnel with a medical condition which precludes shaving shall be required to present a written statement, signed by a medical doctor, verifying such condition.

Inspection. From time to time the chief of police may call for full dress inspections for 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." Members who attend such inspections while not on a regularly scheduled tour of duty shall be entitled to overtime pay as per the currently applicable Collective Bargaining Agreement.

§ 23-6.4 Department Property and Equipment.

[Res. No. 84-200, S6.4]

Responsibility. 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.

Presumption of responsibility. Members shall inspect any and all borough property used or to be used by them at the beginning as well as at the end of each tour. Any damage revealed by such inspection shall be reported immediately to the superior officer. In the event that borough property is found bearing evidence of damage which has not been previously reported, it shall be deemed a rebuttable presumption that the last person using the property or vehicle was responsible.

Return of department property. When a member of the force resigns, retires, is dismissed, or dies, the chief of police shall obtain all police department property which has been issued for such member's use.

Personal use of department property. Members and employees shall not convert to their own use or have any claim in any found property, recovered property, or property held as evidence.

Care of departmental property. All members are responsible for the safekeeping and proper care of all property used by them and belonging to the department. Property shall only be used for official purposes and in the capacity for which it was designed. It shall not be transferred to any other member without the explicit permission of the member's commanding officer.

Care of department buildings. Members and employees shall not mar, mark, or deface any surface of any department, department buildings without specific authorizations from a commanding officer.

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 incases 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.

Department vehicle use. Members shall not use any departmental vehicles without the permission of a commanding officer. Departmental vehicles shall never be used for personal business or pleasure.

Emergency calls and use of red light and siren. Members driving any department vehicle, when responding to an emergency call, shall exercise judgment and care with due 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 red light and sound the siren on such calls, and take the utmost precaution.

Transporting citizens. Citizens will be transported in department vehicles only when necessary to accomplish a police purpose. Such transportation will be done in a conformance with department policy or at the direction of a commanding officer, immediate superior, or communications center.

Reporting accidents and/or damages. Members and employees shall immediately report to their commanding officer, on designated forms, the loss of or damage to departmental property and/or accidents involving borough personnel, property, and/or equipment 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.

§ 23-6.5 Communications; Correspondence.

[Res. No. 84-200, S6.5]

Official communications. Any communications containing matter relating to the official business of the department is an official communication.

Department letterheads. Members and employees shall not use department letterheads for private correspondence.

Department correspondence. Any official communication addressed to the mayor, police committee, or the head of a department of borough, county, State or Federal government, or any other correspondence of a departmental nature, shall be signed by the chief of police, unless otherwise authorized by him.

Forwarding communications to higher command. Members or employees receiving communications directly from the public or other sources, where the subject matter contained therein relates to the department or the business of the department, shall in every case immediately forward such communication to a higher command for official action.

Bulleting information. Members shall acquaint themselves daily when on duty and immediately upon returning to work after days off or other absence, with information on the Daily Bulletin, as well as other departmental orders and publications.

Marking or defacing notices. Members or employees of the department shall not mark, alter, or deface any printed or written notices relating to police or other borough business. All notices of a derogatory character related to official transactions with the department or the borough, or regarding any unit or person, are prohibited.

Reports. Members and employees shall promptly submit such reports as are required by the performance of their duties or by competent authority.

False reports or entries. No member or employee of the department shall make false official reports, or false statements, or gossip about any officer or member of the department or the business of the department, or knowingly enter or cause to be entered in any department book, record, or report, any inaccurate, false, or improper police information or other material matter, to the discredit of any officer or member of the department or to the detriment of the department as a whole.

Instructions via radio. Members shall always obey the instructions given them via the radio by the dispatcher and/or the tour commander.

Radio discipline. All members of the department operating the police radio, either from a mobile unit or the communications center, shall strictly observe regulations for such operations as set forth in departmental orders and by the Federal Communications Commission.

"Going off the air". All members will advise the communications center when they depart from their mobile unit. This dispatch should indicate their location and reason for "going off the air".

Private use of department address. Members and employees shall not use the department as a mailing address for private purposes. The department address shall not be used for any private motor vehicle registration or driver license.

Change of address. Members shall notify the department within twenty-four (24) hours of change of address or telephone number. This notification will be in written form to a superior officer, and channeled.

Telephone. All members and employees of the department shall maintain a telephone in their residence.

Business cards. Members of this department shall not utilize any business or personal card or other form of communication or inscribe any message which purports to grant the bearer any special privileges not enjoyed by all citizens.

Department telephones. Department telephone equipment may not be used for the transmission of personal messages involving toll charges without the express approval of a commanding officer.

§ 23-6.6 Investigations.

[Res. No. 84-200, S6.6]

Command of scene. At the scene of any crime, accident, or other police incident, the ranking officer present shall assume command and direction of police personnel to assure the most orderly and efficient accomplishment of the police task. When two (2) or more officers of the same rank are present and one of these is assigned to the investigative detail that will follow up in the investigation, that ranking officer will be in charge. This provision coordinates 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.

Responsibilities of members arriving at crime scene. 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:

Summoning medical assistance and administering first aid as required to prevent further injury or loss of life.

Arrest violator(s).

Security of the scene.

Conducting a preliminary investigation.

Preliminary investigation. In the investigation of a crime or other police incident, a member of the force shall initiate the following, as they may apply to the situation:

Exercise every precaution to avoid destroying or impairing the value of the evidence on bodies, effects, and surrounding property, particularly avoiding the destruction of fingerprints by unintelligent handling.

He shall prevent unauthorized persons from entering upon the scene of the crime.

Pending the arrival of assistance, the member of the force first on the scene shall make an immediate and thorough investigation into the circumstances of the crime, obtaining the details which he shall transmit to the detective on call who will then make the investigation and complete all investigative reports and to the tour commander who, in turn, will notify the chief of police.

If the perpetrator is not apprehended, a member of the force shall promptly mark for future use and identification all evidence obtained in connection with the case, and will furnish said evidence to the detective assigned to the case.

Once a case is turned over to the detective bureau all other members of the department are expressly forbidden to make any further inquiry into the matter without express orders from the chief of police. The uniformed members of the department do not know what steps the detectives are taking in any given matter, and a private investigation by a member of the department may lead to duplication of effort or actual harm or damage to the case.

Responsibilities of assigned members at crime scene. The members officially assigned to perform the preliminary or other investigation of a police incident are responsible for the duties in paragraphs b and c above, and the completion of the preliminary or other investigation as directed. This shall include:

Securing statements and other information which will aid in the successful completion of the investigation.

Locating, collecting, and preserving physical evidence.

Identifying, locating, and apprehending the offender.

Identification of police officer. Except when impractical or where the identity is obvious, officers shall identify themselves by displaying the official badge or identification card before taking police action.

Release of information at crime scene. Unauthorized persons, including members of the press, shall be excluded from crime scenes. Information which will not hinder or nullify an investigation shall be given to the press by the superior officer in charge of the investigation in accordance with department policy.

Confidential information.

Members and employees shall not reveal any confidential business of the department. They shall not impart confidential information to anyone except those for whom it is intended, or as directed by their commanding officer.

Members shall not make known to any person any department order which they may receive, unless so required by the nature of the order.

Contents of any department record or report filed in the police department shall not be exhibited or divulged to any person other than a duly authorized police officer, or under due process of law, or by authorization of the chief of police as permitted under department regulations.

Comprising criminal cases. Members and employees shall not interfere with the proper administration of criminal justice.

Members and employees shall neither attempt to interrupt the 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.

Members and employees shall not attempt to have any traffic summons or notice to appear reduced, voided, or stricken from the calendar.

Any member or employee having knowledge of such action and failing to inform his superior officer thereof shall be subject to disciplinary action.

§ 23-6.7 Arrests.

[Res. No. 84-200, S6.7]

Arrests. In making arrests, members shall strictly observe the laws of arrest and the following provisions:

Safeguarding prisoners. Officers shall be cautious in the arrest and detention of prisoners or suspects and shall take all necessary precautions to prevent an escape, or the carrying of weapons on the prisoner's person after arrest, and shall employ only such force and necessary restraint as to assure the safety of other persons, other police officers, himself, or the damage of property.

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. Every member shall refrain from using unnecessary force or violence in making arrests, and must not strike a prisoner or any other person except when necessary in self defense or to overcome actual physical resistance in making an arrest. However, he must be firm, resolute, and energetic, exercising the necessary means to perform his duty properly.

Reporting use of physical force. Whenever a member, on or off duty is required to strike or use considerable physical force against another person, he shall immediately call his commanding officer to the scene, or if not practicable, contact him as soon as possible following the incident, and shall submit a detailed written report of the circumstances to the chief of police via normal channels.

Safety of prisoners. 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 condition which indicate that the arrested person may need special care.

Prisoner's property. The arresting officer is responsible for the security of the personal property in possession or under the control of the arrested person at the time of arrest. He shall see that such properties are safely stored until they can be returned to the arrested person. Except for vehicles, this responsibility transfers to the transportation officers when they accept custody of the arrested person.

Payment for stolen property. A member of the force shall not consent to the payment of money or other valuable thing to a pawnbroker nor to any other person to regain possession of property stolen, nor shall be advise such payment except by permission of higher authority.

Female prisoners. Female prisoners or suspects shall be touched only as necessary in taking them into custody and determining that weapons are not being concealed. This order should not be construed as to prevent male officers from making necessary searches of female prisoners for evidence on high misdemeanor cases when women officers or matrons are not present.

Availability of weapons to prisoners. Officers shall not place weapons or objects adaptable for use as weapons and capable of inflicting serious bodily injury, or permit such weapons or objects to remain unattended in any location in the police quarter normally accessible to a prisoner or suspect. This regulation does not apply to fixtures or furnishings which are part of the physical plant.

Fingerprinting. All prisoners arrested by this department for an indictable or a disorderly offense shall be fingerprinted and photographed.

Attorney and bondsmen. No member of the department shall in the line of duty, either directly or indirectly, recommend the employment of any person as attorney or counsel. No member shall suggest or recommend the name of any bondsman to any prisoner or suspect. No member shall post bond for persons under arrest, except members of his immediate family.

Filing fee. When receiving a bail bond from a bondsman, the tour commander shall be responsible for ensuring that both the bondsman and the defendant sign the recognizance form. He shall also make sure that the bondsman leaves a six ($6.00) dollar filing fee. It is preferred that this fee is left in the form of a check made payable to the Bergen County Clerk; however, cash may be accepted as a filing fee. If these two (2) conditions are not complied with, the tour commander is not to accept the bail bond. There shall be no necessity for a filing fee when the bail is in cash.

Assisting criminals. Members and employees shall not communicate in any manner, 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 a secret evidence of unlawful activity or money, merchandise, or other property unlawfully obtained.

Withholding criminal information. Officers receiving or possessing facts or information relative to a criminal offense or case shall not retain such facts or information through ulterior motives, desire for personal credit, or aggrandizement, but shall report the facts or information in accordance with departmental procedure.

Complaints by members for assault against themselves. Members shall arrest perpetrators of assaults, assaults and batteries, and criminal offenses directed against them. The perpetrators shall be charged accordingly. Whenever it is impossible to consummate the arrest at the time of the offense, the member shall make a complete report of the incident to his commanding officer, with a request that he be allowed to make a complaint in the proper court at the next session. A warrant which may be issued as a result of filing such a complaint shall in no case be served by the aggrieved member.

§ 23-6.8 Detentions.

[Res. No. 84-200, S6.8]

Custody of prisoners. Members 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.

Transportation of prisoners. Members transporting prisoners shall do so in accordance with departmental policy.

When transporting prisoners, they shall be handcuffed with their hands behind their backs. The only exception to this rule being when the health or other physical condition of the prisoner does not permit it. Women and juveniles will not be handcuffed unless they are considered dangerous, violent, or escape risks.

Prisoners and their property shall be surrendered at the jail to custodial officers or as otherwise directed by competent authority.

Prisoners requiring medical attention shall be delivered to the appropriate emergency hospital, and the transporting officers shall be responsible for the security of the prisoners until properly relieved by a guard officer, unless otherwise directed by a superior officer.

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.

Use of derogatory terms. Members or employees shall:

Neither speak disparagingly of any race or minority group nor refer to them in insolent or insulting term of speech, whether prisoners or otherwise.

Neither use uncomplimentary terms of speech when referring to any prisoner or other person not willfully antagonize any person with whom he comes in contact.

Reports and bookings. No member or employee shall knowingly falsify any official reports or enter or cause to be entered any inaccurate, false, or improper information on records of the department.

Acting as bailor prohibited. Members and employees can act as bailors for any person in custody except relatives, and in no case where any fee, gratuity, or reward is solicited or accepted.

Other transactions. Every member and employee is 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 his attention or which arose out of his departmental employment except as may be officially authorized by the chief of police.

§ 23-6.9 Firearms.

[Res. No. 84-200, S6.9; Ord. #1039, S1; Ord. #1237, S1]

Registering firearms. All members shall register all their duty firearms, handcuffs, and any other equipment with serial numbers. Such information shall be given in writing to the chief of police.

Handling of firearms. Police officers shall exercise caution and the utmost care in handling firearms on and off duty.

Official police firearm. The official police firearm, Glock 9mm Model #19, shall be the firearm approved by the chief of police and/or the police committee.

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 herein:

He submits a written report through channels requesting permission to carry an off-duty firearm.

He submits to one of the range officers in charge of firearms training for inspection and training for this firearm in order for him to carry it on or off duty.

He submits his authorized off-duty firearm for test fire and inspection upon his appearance for scheduled firearms retraining.

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.

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.

Firearms training. All members of the Bogota Police Department will be required to take regular training in the use of firearms and marksmanship in a program set up by the chief of police. All members will be supplied the ammunition and targets for their required qualification matches, and all members must qualify as at least a "Marksman".

The standards for qualification will be as follows:

MARKSMAN - 210-235

SHARPSHOOTER - 236-265

EXPERT - 266-290

DISTINGUISHED EXPERT - 291-300

Members of the force qualifying will, then in uniform, wear the insignia indicating the grade in which they qualified.

On duty holsters. The official police firearm or duty firearm shall be carried only in department-authorized holsters.

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.

Tampering with police firearm. All repairs and adjustments to the official police revolver shall be made by a range officer in charge of firearms training or by competent gunsmith. Police officers shall not use molded grips, special-type grips, nor pearl-handled grips without the necessary authorization. Also, they shall not make any change in the trigger pull mechanism or effect any other unauthorized alteration or addition.

(Reserved)

Removing firearm from belt. When removing a firearm from his person, a police officer shall keep the firearm upholstered and jointly remove both the firearm and the 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.

Carrying firearm; general. Police officers shall carry their official police firearm or authorized off duty firearm 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. 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.

Carrying Glock Model 32, .357 caliber handgun on duty. Male police officers in uniform shall carry their Glock Model 32, .357 caliber handgun in holsters attached to their uniform belts or to supplementary belts beneath the blouses or overcoats when these garments are worn. Detectives and other police officers not in uniform shall carry an approved weapon in authorized holsters. Policewomen in uniform shall carry an approved weapon in a regulation holster bag. When in plain clothes, they shall carry their approved weapons securely but readily accessible to use.

Display of firearms. Firearms are never to be displayed or taken from holsters in public places except for inspection or official use. Members are specifically warned against any "dryfiring" of weapons at any place except a pistol range. Members are required to report any deliberate or accidental discharge of firearms in the form of a written report.

Unauthorized discharge of firearms. Examples of instances in which firearms shall not be discharged are cases involving:

As a warning;

The commission of a misdemeanor;

A violation of any borough ordinance;

A violation of the disorderly persons act;

A violation of the motor vehicle act;

A fleeing motor vehicle when the occupant is a minor offender and is not wanted by the authorities for a grave high misdemeanor;

A person called to halt on mere suspicion and who, without resisting, simply runs or drives away to avoid arrest. Neither shall a police officer shoot at a person who is running or driving away to avoid arrest for a minor offense;

Indiscriminate firing, not in the line of duty.

Authorized discharge of firearms. A police officer may discharge his firearm in the performance of police duty under the following restrictive circumstances:

In the actual defense of his own life or the life of another, when other reasonable means of defense have failed;

When attacked with a deadly weapon;

When effecting the arrest or preventing the escape of a person who, to the personal knowledge of the officer, has actually committed a crime of no lesser degree than a high misdemeanor such as arson, burglary, robbery, rape, murder, sodomy, or the statutory crime of kidnapping; and there is no other way of taking him into custody.

When in attendance at an approved firing range.

Discharge of firearm report. Whenever a firearm is discharged by a police officer, either in the performance of police duty or accidentally except at an approved range, the police officer shall:

Promptly notify the superior officer on duty of the occurrence.

Submit reports as required by department order.

Firing of 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.

Loss of firearm. Loss of the official police firearm through carelessness or neglect be deemed a serious violation of department regulations.

§ 23-6.10 Public Activities.

[Res. No. 84-200, S6.10]

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 the 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.

Conduct toward public. Members and employees shall be courteous and orderly in their dealings with the public. They shall perform their duties quietly, not using harsh, violent, profane or insolent language, and always remain calm regardless of provocations to do otherwise. Upon request, they are required to supply their names, in a gentlemanly manner. They shall attend to requests from the public quickly and accurately, avoiding unnecessary referral to other units or members of the department.

Disparaging nationality, race, or creed. Courtesy and civility toward the public is required of all members of the department. Members shall not use words which humiliate, disparage, demean, degrade, ridicule, or insult a person because of his race, creed, color, national origin, or ancestry.

Acts of statements by officers. Subject to applicable State and Federal law, officers shall not perform any acts or make any statements oral or written, for publication or otherwise, which tend to bring the department or its administrative officers into disrepute or ridicule, or which destructively criticizes the department or its administrative officers in the performance of their official duties, or which tend to disrupt or impair the performance of official duties and obligations of officers of the department, or which tend to interfere with or subvert the reasonable supervision of proper discipline of officers of the department.

*This section does not apply to negotiation representatives during active negotiations.

Cooperation with the press. Officers shall extend full cooperation to members of the press consistent with departmental orders, provided the successful investigation or prosecution of a police case is not thereby jeopardized. Any situation which involves a question of relationship with the press and which cannot be satisfactorily resolved by the officer shall be referred to a superior officer. Releases are to be made by the assigned public relations superior.

Affiliation with radical groups. No police officer or civilian employee, except in the discharge of police duties, shall knowingly associate with or have any dealings with any person or organization which advocates or which is instrumental in fostering hatred, prejudice, or oppression against any racial or religious group.

Subversive organizations. No member or employee shall knowingly become a member 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.

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 its request to the chief of police.

Off-duty employment. Members of the Bogota Police Department shall report any and all off-duty employment to the chief of police, who shall keep a permanent record of said employment. Said record shall consist of the following information: (1) employer's name, business address and phone number; (2) number of hours worked per week; (3) type of work; (4) if security work, whether armed or unarmed; (4) any other information deemed relevant by the chief of police. No member of the Bogota Police Department may participate in any type of off-duty employment that would violate Federal, State, or local law governing public employees or police personnel.

§ 23-6.11 Political Activities.

[Res. No. 84-200, S6.11]

Concerning political rights. The right of every officer or member of the department to entertain political or partisan opinion, or the right of the elective franchise, will be deemed sacred or inviolate.

Political activities; limitation. Police officers may engage in political activities except when such activities will impair or harm the operation or discipline of the department or create a potential conflict of interest.

Election to public office. Subject to applicable State law, members of the department may run for public office, but may not campaign nor engage in any activity connected with candidacy for such office during any tour of police duty or while in uniform.

§ 23-6.12 Judicial and Investigative Actions; Appearance and Testifying.

[Res. No. 84-200, S6.12]

Court appearances. Attendance at a court or quasi-judicial proceeding arising out of incidents occurring in the line of duty 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 a business suit with shirt and tie shall be worn. Members shall present a neat and clean appearance, avoiding any mannerism which might imply disrespect to the court.

Duty of member or employee to appear and testify. It shall be the duty of every member or employee to appear and testify upon matters directly related to the conduct of his office, position or employment before any court, grand jury, or State Commission of Investigation. Any member or employee failing or refusing to so appear and to so testify shall be subject to removal from his office, position or employment.

Testifying for defendant. Any member or employee subpoenaed to testify for the defense in any criminal trial or hearing or against the borough or department in any hearing or trial shall notify the chief of police upon receipt of the subpoena.

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, and upon receipt thereof shall notify their superior officers of the date of appearance and nature of the action. If the subpoena arises out of department or employment or if the member or employee is informed that he is a part to a civil action arising out of department employment, he shall immediately notify the staff captain and the municipal attorney of the service or notification 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.

Civil depositions and affidavits. Members and employees shall confer with their commanding officer before giving a deposition or affidavit on a civil case. If a commanding officer determines that the case is of importance to the borough, he shall inform the chief of police before the deposition or affidavit is given.

Civil cases arising out of official duties. Members shall not institute any civil action, nor assist in civil cases arising out of their official duties without the specific consent of the chief of police. Officers shall not use their positions with the department as a means of forcing or intimidating persons with whom they are engaged in civil matters to settle the case in favor of the officer. Members and employees 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.

Other civil cases. When required to testify in any legal proceeding or disposition arising out of incidents that did not occur in the line of duty or involve the member's role as a police officer, a member shall notify the chief through the chain of command of the dates and times of such appearances.

FUNCTIONS OF THE POLICE
1.	To preserve the peace.
2.	To enforce the law.
3.	To protect life and property.
4.	To prevent and detect crime.
5.	To arrest violators of the law.
6.	To provide the maximum of protection and enforcement; the minimum of inconvenience to the public.

LAW OF ARREST
1.	For crime attempted or committed in his presence.
2.	When he has a warrant.
3.	When a high misdemeanor has been committed and he has reasonable grounds to believe that the person to be arrested has committed it.
4.	No person is to be committed to a cell unless he is charged with a crime.
5.	If he is charged with an indictable offense, he must be fingerprinted and photographed.

ARREST

An arrest is the taking of a person into custody so that he may be held to answer for a crime.

DEFINITION OF A CRIME
A crime is an act or an omission forbidden by law and punished upon conviction by:
A.	Death
B.	Imprisonment
C.	Fine
D.	Removal from office
E.	Disqualification to hold any office of trust, honor, or profit under the State
F.	Other penal discipline

Crime is divided into two (2) classes in the State of New Jersey:
A.	Misdemeanor
B.	High Misdemeanor

NOTE: Acts defined by the Motor Vehicle and Traffic Law as Traffic infractions are not crimes.

§ 23-7 OPERATING PROCEDURES.

§ 23-7.1 Patrol Car Procedures.

[Res. No. 84-200, S7.1]

Proper equipment at all times. Patrol officer(s) shall be sure they have the proper equipment prior to leaving the police headquarters for post and/or duty (see subsection 23-6.3, paragraph k, for list). They shall also check the siren, red light, and spotlight on the patrol car they are assigned to, to ensure that they are functioning properly.

Patrol within assigned post. The area within the officer's post is his individual responsibility for his tour. He must concentrate his activities within his post area. Even more important is the fact that if he leaves his post without permission, he may be out of position and unable to help a fellow officer in need of assistance. Frequently there will be a need for him to leave his post to assist officers on adjacent posts. However, no officer is to leave his post unless specifically dispatched to do so. NO OFFICER IS TO ASSUME HE IS NEEDED AND LEAVE HIS POST WITHOUT PERMISSION. Other assistance may have already been dispatched without the knowledge of the officer. Permission to leave the assigned post for eating must be obtained from the tour commander and/or road sergeant. Officers, may, of course, leave their post in pursuit of a traffic offender or other person who has committed a criminal violation. However, in these circumstances, the dispatcher should be notified immediately of the officer's location and the direction of travel.

Notify dispatcher when leaving vehicle. When an officer leaves his vehicle, he must always notify the dispatcher of his location and reason for leaving. The dispatcher must always be able to communicate with every officer, or if he cannot communicate with an officer he must know his location so that he may reach that officer if it becomes necessary. When an officer leaves the car without notifying the dispatcher, he is endangering his own life as well as the lives of his fellow officers. When giving his location to the dispatcher, an officer should be specific. He should not, for example, say First Avenue. He should give a definite address, intersection, or known building or landmark. When stopping vehicles for traffic violations or more serious offenses, the officer should always give the vehicle license number, make, and color to the dispatcher before leaving his patrol vehicle. This will only take a few seconds, but may be very valuable in some instances. Officers should use their portable radios to keep the dispatcher and tour commander apprised at all times.

Notify dispatcher when returning to vehicle. When an officer returns to his vehicle, he must advise the dispatcher. The dispatcher may have an urgent call and may be waiting to hear that the officer is available. If an officer is out of the car for a long time and still must stay out of service, he should notify the dispatcher of the circumstances, if possible, and give him an estimate of how much longer the officer expects to be out of service. This will make the dispatcher's job easier.

Performing foot patrol. An officer must frequently leave his patrol car to perform foot patrol in certain areas. The primary reason that police have turned from foot patrol to motorized patrol is to give officers mobility and communications. However, in order to perform satisfactorily, each officer must perform some foot patrol during his shift. Many crime hazards are inaccessible to motorized patrol, and officers must leave their vehicles to properly check them out. Also, when an officer comes upon traffic congestion, he must be prepared to leave his vehicle to direct traffic if the situation requires it. It is essential that each officer make profess reports to the dispatcher and tour commander throughout his tour, to keep them apprised of his situation.

Dispatcher must screen all calls. The dispatcher must screen all calls carefully to ascertain the nature of each call. He must dispatch two (2) or more cars to any call in which the safety of an officer may be in danger. The dispatcher must obtain as many facts regarding the situation as possible before dispatching a unit. The more information obtained, the greater the possibility that the correct number of units will be sent. The dispatcher will send two (2) units to all calls which involve danger or potential danger such as:

Family disturbances and fights;

Crimes in progress;

Mental cases;

Known or suspected dangerous persons;

Riots or gang fights;

Serious traffic accidents;

Any case in which the exact nature of the call or request for service is unknown or of doubtful nature to the dispatcher.

Many calls may require more than two (2) cars. The tour commander and/or road sergeant shall decide if additional vehicles are necessary at the scene, and he shall authorize the dispatching of same.

Use care when stopping vehicles. Officers must use extreme care and follow department procedures in stopping any vehicles, especially suspicious vehicles or those carrying criminal suspects. Experience has proven in many jurisdictions that officers in one-man cars are alert and less prone to accidental injury than two-man cars. The always hazardous business of stopping cars to issue citations and interrogate suspects presents some additional hazards for the officer working alone. The following examples are tried and approved car stop techniques, which, if used by one-man units will minimize the danger to the officer.

Routine traffic stops.

Prior to stopping the violator, the officer must remember to take EVERY PRECAUTION TO PROTECT HIMSELF from attack by the violator and other street hazards. After deciding to stop the violator and issue a warning or citation, the officer should:

Select a satisfactory place for the violator to stop his car;

If possible, the officer should make his stop on a populated business street where he has a distinct psychological advantage;

When the stopping site has been selected, the officer should use the red light, horn, hand signal, spotlight, or any combination of these to attract the attention of the violator and let him know the officer wants him to stop. Notify the dispatcher whether a cover car is necessary or not.

When the violator has stopped, the officer shall:

Advise the dispatcher of his unit number, location, type of stop, and license number of the violator vehicle.

Write down the license number of the violator vehicle on his clipboard, notebook, or pad.

These procedures should be completed before the officer leaves the police car. The officer should be sure to receive an acknowledgement from the dispatcher on his message before leaving the car.

One of the most hazardous moments of making any traffic stop is parking the police car and approaching the violator car. The best position for parking the police car in most situations is eight (8) to fifteen (15) feet to the rear of the violator car and off-set the police car two (2) to three (3) feet to the left of the violator car. From this position the officer will be able to observe the actions of the driver and any passengers in the violator car, and be protected from other traffic due to the off-set position.

The officer will leave his red light on, day or night, as a warning to approaching motorists. When approaching the violator car, the officer shall make his approach from the left rear, keeping close to the violator car. This makes it possible for the officer to look into the rear and side windows before approaching the driver. The officer should never carry his citation book in his gun hand, but should keep this hand free.

The position of the officer while talking to the driver is very important. The office should stand slightly to the rear of the left door of the violator car. This forces the driver to turn to the rear to observe and talk to the officer. Proper position will also protect the officer from any sudden attack by the violator, such as opening the car door to strike the officer. If the officer is going to ask the violator to step out of the car, he should:

Use his left hand to pen the door of the violator car.

When the door is open, the officer should move backward with the swing of the door. This allows the officer to face on-coming traffic and also observe all of the violator's movements while leaving the car.

The officer should then have the violator walk to the curb and hold his conversation off the street. This will protect the officer and violator from traffic hazards. DO NOT talk to the driver while standing in the street. NEVER stand between the violator car and the police car while talking to the violator or writing the citation. NEVER turn your back to the violator. NEVER assume that a traffic stop is routine. Many otherwise careful officers have lost their lives because they have made such assumptions and were wrong.

REMEMBER THIS: When the officer stops a vehicle, the driver automatically knows all he needs to know, while the police officer knows nothing about the vehicle except its description.

Stopping criminal suspects.

Officers operating in a one-man patrol car will have occasions to stop known criminal suspects or persons suspected of having committed a high misdemeanor. It is here that the officer must appreciate the difference between commonsense and foolishness. When the suspect is a known criminal or when there are several possible criminals in the car, the officer shall CALL FOR ASSISTANCE. Prior to stopping a known or possible "hot suspect" the lone office should notify the dispatcher of his intention to do so.

Success or failure of any activity may depend upon the information given by radio. In his initial broadcast, the officer shall give:

His unit number, and location;

Description and license number of the suspect vehicle;

Direction of travel and last street crossed.

The officer should be sure to get a confirmation from the dispatcher before taking any action. Here again, the officer should write down the license number of the suspect's car on a paper or pad which will remain in the police car. The lone officer should follow the suspect(s) UNTIL ASSISTANCE ARRIVES or he is sure assistance is immediately available.

When the officer is sure of his assistance, he should select the stopping site. If the stop is made either day or night, the advantage is with the officer if he is able to stop the suspect at a known address or location. This makes it much easier for the assisting units to locate him. If the stop is made at night, the officer should attempt to make it in a well-lighted area where he will have a definite advantage. When the officer has selected his stopping place, he should signal the suspect vehicle to stop and position the police car for a felony stop.

The police car should be to the rear of the suspect car some eight (8) to fifteen (15) feet, off-set to the left with the front angled toward the center of the street. In this position, the officer is afforded maximum visibility and protection. When the suspect has stopped the officer should:

Get out of his left front door with his gun drawn but not cocked.

Use the hood or the car door as cover.

In this position the officer is best protected against any attack from the suspect.

If the stop is made at night, the officer should use his spotlight to shine in the rear window of the suspect car. This will have a tendency to hinder the vision of the suspect and it will aid the officer in observing the suspect and his movements. From this point, the officer should control every move the suspect makes. Now, the suspect is stopped and the officer is in position. The next thing to do is to identify himself in a loud, clear voice and tell the suspect he is under arrest (for example, "POLICE ! YOU ARE UNDER ARREST"). By doing this, even though the officer is in uniform and in a marked car, there can be no doubt of his identity or purpose.

Next, the officer should order the suspect(s) to:

Place both hands on top of his head; or

Place both hands flat against the windowshield; or

Place both hands and arms out of the left front window, hands empty, where you can see them.

All three (3) of the above positions may be used at the discretion of the officer. It is recommended that the third (3rd) positions be used with multiple suspects.

The IMPORTANT THING is to remember to immobilize the suspect(s) in a position where the officer can see their hands and movements. Next, the officer should eliminate the possibility of escape. To do this, the officer should order the driver to use his left hand to turn off the ignition of his car and throw the key into the street. When this has been done, the officer should order the suspect back into position and hold him there until the arrival of the assisting units.

Upon the arrival of the assisting unit, the driver of the assisting unit should normally park his car behind the first police car. In this position the assisting officer is able to observe the suspects and still be protected by the police car. The assisting officer should make his presence known to the suspect(s), thus decreasing the possibility of sudden attack. The assisting officer should take a position to the rear right of the suspect vehicle.

Now the officers are ready to get the suspect(s) out of the car. The first officer should give all commands, while the assisting officer acts as a guarding officer. It is very important that only one (1) officer gives the commands to eliminate any confusion which would result from both officer attempting to give orders at once. When giving the commands, the officer should speak in a loud voice, using as few words as possible, and be specific when ordering the suspect(s), making the commands clear. The following sequence is to be used when removing the suspect(s) from the car. The example indicates four (4) suspects, two (2) in the front seat and two (2) in the rear seat.

Order the driver out first. "DRIVER, WITH YOUR LEFT HAND, OPEN THE DOOR AND GET OUT OF THE CAR. KEEP YOUR HANDS ON YOUR HEAD, AND KEEP YOUR BACK TO ME."

When he is out of the car, order him to the left and slightly forward of the car, and place him in a kneeling search position. (Suspect on his knees, hands clasped together on back of head.)

The second (2nd) person out of the car will be the front seat passenger, "YOU IN THE RIGHT FRONT SEAT - KEEP YOUR HANDS ON YOUR HEAD AND GET OUT OF THE DRIVER'S SIDE, WITH YOUR BACK TO ME."

When he is out of the car, move him in a position next to the driver, and have him assume the kneeling position.

The passenger in the left rear seat will be ordered out of the car next, then the passenger in the right rear seat. Use the same procedure as above.

When removing the suspects, order all of them out on the left or driver's side of the car.

Now that the suspects are out of the car, the first officer will act as guarding officer while the assisting officer checks the car for other suspects and locks the car.

After the car has been checked and LOCKED, the suspects may be searched. To search suspects, the assisting officer will act as guarding officer while the first officer searches the suspects. The suspects will be ordered ONE AT A TIME, to stand up, keeping their hands on top of their heads, and moved to the suspect's vehicle. At the car, the suspects will be placed in a wall search position and the search conducted. This procedure is to be repeated for each suspect. As the search of each suspect is completed, he will be returned to the kneeling search position. The searching, or first officer, should NEVER CROSS IN FRONT OF the field of fire of the guarding officer. He should walk behind the guarding officer, if necessary, but NEVER CROSS IN FRONT OF HIM.

Other major incidents confronted on patrol. An officer who comes upon a major crime in progress should:

Immediately notify radio dispatcher of the crime and its location;

Advise radio of his anticipated location and his exact location;

Wait for assistance if the situation permits.

Burglary in progress. The procedures to follow if a burglary in progress is discovered are:

Make a prowler type approach to the scene. (Turn the car lights out, and avoid brake squeal.)

Draw your gun, but don't cock it.

Take up a position which will allow good observation of the building.

Be alert for look-outs. Watch all possible exits.

WAIT FOR ASSISTANCE. Once your assistance has arrived and you are going to search the building:

Do not search alone.

Plan the search. Assign those arriving to assist in covering all exits.

Use caution while searching.

Conduct the search as though you know the suspect is still in the building.

Use particular care when entering the building, as this is the time when you are usually exposed the most.

When inside the building, keep your flashlight well away from your body.

Look upward from time to time if there is any place above you where the suspect may be hiding.

Robbery in progress. The procedures to follow if a robbery in progress is discovered are:

Stop and pause to size up the situation.

WAIT UNTIL ASSISTANCE ARRIVES.

Check all possible escape routes while awaiting assistance.

You should wait until the suspect leaves the premises before attempting to make the arrest.

Persons on the premises may be injured or held as hostage of the arrest attempt fails while the suspect is in the building.

Follow established procedures. Officers must follow established safe procedures in searching and placing suspects under arrest. All persons will be thoroughly searched with the exception of female prisoners. Female prisoners will be searched only when the officer has reason to believe that they may have a dangerous or deadly weapon on their persons.

All persons will be handcuffed as specified in Chapter VII of this manual.

Caution is extremely important in searching and arresting of prisoners. It is all too easy to become careless and lax in this regard. Serious injury or loss of life can be the "reward" from such carelessness.

Be cautious, request assistance. Always be cautious and do not take chances by yourself when assistance is only a few minutes or seconds behind. When two (2) cars are assigned to an incident, the vehicle first arriving on the scene should place the scene under observation from the outside and wait for the other car to arrive before going in on the call.

If a one (1) man car is assigned and upon arrival knows he will need two (2) men, he should request assistance. Remember, requesting assistance is not an indication of cowardice or inability. It is simply good police practice. Never go into a situation alone when you feel it is hazardous to your personal safety. When requesting assistance, attempt to advise the dispatcher s to the number of assisting units you feel you will need.

ALWAYS USE ALL CAUTION NECESSARY. Take the risk that is necessary but do not take unnecessary risks. Never turn your back on a violator or suspect. Observe his actions at all times. Do not hesitate to call for assistance. Do not investigate until the assistance arrives.

After you have brought a prisoner into the station in your police car, check the back seat of the car for any weapons he may have hidden there.

Use of shotgun. In a serious situation with an armed criminal, the shotgun can be an officer's best friend. However, it can also cause much trouble and serious injury if certain safety precautions are not followed.

When the shotgun is being carried in the trunk of the police vehicle, DO NOT CARRY A SHELL IN THE CHAMBER. If it becomes necessary to take the shotgun out of the car and place a shell in the chamber be sure to eject that shell from the chamber prior to returning the shotgun to the trunk of the car.

If you have to fire the shotgun, be sure to clean it before going off duty.

General patrol driving practices. It is not easy to operate a motor vehicle in normal traffic conditions and still observe the people and vehicles on the street. In order to drive as safely as possible, the officer should avoid hugging the curbline or parked cars, except late at night when the streets are reasonably clear. The speed of the police car must, of course, be regulated in relation to the traffic flow. Patrol cars should never be routinely driven at speeds less than ten (1) miles per hour. This will cause vehicles to pile up behind the slow-moving police vehicle and criminals are quick to spot a car which is just crawling along.

At the same time, maintaining the maximum allowed speed of the particular zone is also poor patrol practice. Important activity on the sidewalks at the building line is often overlooked at these speeds. A fairly good speed will be around fifteen (15) to twenty-five (25) miles per hour unless in a highly congested area.

The police car on patrol MUST observe all traffic regulations and be ready to yield the right-of-way at intersections. Always be extra courteous while driving a police car. Courtesy costs nothing but can pay big dividends in creating good will toward the department.

A common complaint against police car operators is the tendency of the officers to double-park when covering routine calls.

Other complaints refer to parking across pedestrian lane or diagonally with the rear end of the car out in the driving lane.

Irregular parking may be expected on an emergency call, but on routine assignments and meal periods, such practices not only endanger the officers and the police vehicles but increase street congestion. We cannot expect to gain public respect if we violate the very laws we have chosen to enforce.

Use of spotlight. The movable spotlight on the patrol car is of great value for certain patrol routines, but should not be used to excess. It is a safety factor when used to illuminate the officer who must stand in a dark street while directing traffic or issuing a traffic citation. It can be useful as a desk lamp when preparing citations or writing statements. It is necessary for illuminating house numbers on many calls. It can also prove very useful for lighting up the inside of a business establishment where a suspect may be hiding or where the night light over the safe is so dim that the officers cannot determine whether or not the safe has been tampered with.

The reason that a spotlight should be used with caution is that most people seeing the beam of light will instantly assume that it comes form a police car. While this is an excellent reaction from a crime prevention standpoint, it is a dead give-away when trying to come upon a criminal or crime scene unobserved.

Do not use the spotlight to flash in the eyes of oncoming motorists to warn them that their headlights are out or other such reasons. It may blind them and cause an accident.

Surveillance from patrol cars. A valuable method of observing suspected persons or buildings is to park some distance away, turn off the lights, and watch.

Even on the day shift, the officers should, from time to time, park close to the main intersections, busy arterials, schools and play areas to observe what is going on.

Experience has proven that parking and surveillance on your post will enable you to observe things that you wouldn't see in weeks of riding by.

The presence of a police car around a school can do much to discourage sex offenders who hang around parks, schools, and playgrounds. Any suspect who is observed continually hanging around such areas should be stopped and questioned.

The officers should also use surveillance around businesses, hospitals, or factories where women change shifts during the late evening hours or early morning hours.

Officers patrolling business districts should park the car periodically and patrol on foot to check the security of buildings.

All officers should become acquainted with the janitors and clean-up people who work his post as part of their business.

Meal period. Officers are entitled to a thirty (30) minute meal period. If necessary, members may leave their post to obtain their meals, but must have the permission of their tour commander. Coffee stops are permissible proving they are not too frequent and that permission to do so is obtained. There should never be more than one member eating or taking a coffee break at one (1) time on one particular shift.

Suggestions to merchants and businessmen. A very good public relations approach is the suggesting of improved protection devices. However, do not take the attitude of telling the merchant how his business should be run. Possibly you can suggest that he:

Keep a light burning over the safe or at some location in the store.

Place substantial bars over the rear windows of the establishment.

Keep the windows as clear as possible for visibility.

Post emergency phone numbers on the front door.

Secure any openings from roof tops.

Also, tell the merchant to call the police to meet him should a citizen call to inform him of an open door. It has happened that such a ruse has been used to get him down to his store and then to force him to open the store and/or safe.

Remaining on post. Officers assigned to patrol units will not come into the police headquarters except under the following circumstances:

At the beginning and end of their tour of duty.

When bringing a prisoner or other person to the station.

When they have been advised via radio or in person by the tour commander or other supervisory officer to come to headquarters.

Tour commanders shall see that no more than one (1) patrol unit is in the station at the same time except at the beginning and ending of each shift. Specifically, he will not allow more than one (1) unit to be in the station typing reports at the same time except during the last twenty (20) minutes of the shift. In order to carry out these requirements, members will request permission to come into headquarters before doing so, except under the three (3) circumstances listed above.

Loading, loud talking, or any other noisy type of behavior will not be permitted in the department headquarters.

§ 23-7.2 Jail Procedures.

[Res. No. 84-200, S7.2]

Booking and searching. When a prisoner is brought into headquarters for booking, an arrest record with all the necessary information will be completed by the arresting officer. All persons arrested will be searched by the arresting officer, and all of their property, except clothing will be taken from them. All other property taken from them will be recorded on the property envelope and the arrest record and placed in a property envelope. The tour commander will be responsible for the security of such property.

When the person is released from the cell, all of his property will be returned to him. If that person is sentenced to serve time in jail, then that portion of his property which he needs and which does not fall into the category of being dangerous may be returned to him.

Checking cell area and prisoners. Every tour commander and/or his designee will check the cell area and prisoners at least three (3) times during his tour of duty. He will pay particular attention to the security of the cell, proper care of cell property, and the welfare of the prisoners.

Telephone calls. All persons arrested are entitled to a telephone call. The tour commander or any member of whom the request is made will grant a phone call to prisoners. If you feel the prisoner is too drunk or injured to make the call himself, you may make it for him or let him wait until he sobers up or his physical condition improves. Any member refusing a prisoner a rightful phone call is subject to dismissal. Any further phone calls after the initial one will be at the discretion of the tour commander, depending upon the circumstances.

Sick or injured prisoners. Prisoners who are in need of medical attention will not be placed in a cell until after they have been taken to the hospital or a doctor for needed medical attention. The fact that such medical attention has been rendered will be placed on the arrest record to include the nature of the treatment and the doctor's name who rendered the treatment.

Any prisoner in the cell who requests medical attention will be given same unless it is obvious that he does not need medical attention. If you have any doubts at all, take him to the hospital and let a doctor make the decision. All such incidents and the result will be noted on the arrest record by the tour commander.

Visiting hours. Regular visiting hours will be daily from 3:00 p.m. to 3:30 p.m. all visiting will be done under the direct supervision of a member of the department. Any deviation from this policy must be approved by the tour commander or the chief of police.

All tours of the cell area must be approved by the tour commander or chief of police. Only prisoners or members of this department belong in the cell area, unless they have the approval of the tour commander or chief of police as outlined above.

Meals. Prisoners will be fed three (3) times daily.

§ 23-7.3 When to Perform Off-Duty Police Work.

[Res. No. 84-200, S7.3]

Being a police officer is a full-time, twenty-four (24) hour-a-day job. The oath of office requires an officer to be ready to take necessary police action at all times.

Sometimes this necessary police action may involve endangering your life, or protecting the life of another. However, when a member is off-duty and sees a criminal violation, there are times when it is more practicable and sensible to call the station in order that an on duty officer may handle the case. An example of such circumstances would be:

1. When action on your part would establish you as a neighborhood policeman.

2. When you are personally involved in a situation calling for police action.

Now, let us outline some specific situations that you may be faced with:

Crimes against the person. Generally, the officer, whether on duty or off duty, is required to take immediate, personal action when a person is being unlawfully assaulted. An example would be the case of an assault with a deadly weapon occurring in your neighborhood; or a robbery at a store or bank where you are a customer; or a tight on a bus in which you are a passenger; or a woman screaming for help.

The off duty officer should limit his participation to stopping the assault and await the arrival of offices on the shift to take further action.

If you are in civilian clothes, do not neglect to identify yourself as a police officer if the situation requires it.

Crimes against property. Unless the crime is a burglary, an automobile theft or a grand theft from the person, or theft from a vehicle, IN PROGRESS, the off duty officer may refer the complainant to the proper police agency or officer. When the neighbors complain of a malicious mischief or dog bite, the officer should attempt to get service from the station rather than acting himself.

When a neighbor reports a burglary in progress, the officer should carry out usual patrol procedures for apprehending suspects in a building.

When an officer is told of a theft or burglary that has already been committed, he should leave the investigation and reports to the officer on duty.

Although the officer may not take personal action on many types of complaints he receives off duty, he should offer to call headquarters himself. This has the advantage of informing the tour commander and/or dispatcher of the situation and letting the complainant see that he is interested in his problem, but that he would prefer another on duty officer to handle the incident.

Traffic violation. Enforcement of traffic laws, except hit-run or obviously dangerous drunk driving should generally be left to officers on duty.

Obtain the license number and description of the vehicle and call the information into the station if you are unable to safely make an arrest.

When off duty, do not attempt to "pull over" or cite individuals for moving traffic violations. There are hundreds of such violations committed in the borough every day in which citations are not issued and a few more won't make any difference. Many officers have become involved in arguments and fights, and some have lost their jobs over such incidents. If you feel it is a very serious violation and you can obtain the license number and identify the driver, you can always obtain a warrant for the person at a later date.

Never attempt to cite for parking violations while off duty. This is plain foolishness and can result only in difficulty for you and the police department.

When involved in a traffic accident while off duty, don't arrest your official character and try to arrest the other driver on general principles.

Drunks. When you see drunks on the street or at some social affair, use discretion, unless:

They are so intoxicated as to be in need of protective custody.

They are creating a serious disturbance. Even in these instances, if there is time, call the station and get an on duty officer to make the arrest. Most drunks will submit to an officer in uniform, but will frequently fight another person in civilian clothes who attempts to interfere with them.

SUMMARY: Do not take police action while off duty unless a high misdemeanor is being committed in your presence or unless life or property is being threatened or stolen in your presence.

§ 23-7.4 When to Shoot.

[Res. No. 84-200, S7.4]

Right to shoot. At first glance, this may seem to be a simple problem, but in actual practice it is frequently very complicated.

Legally, an officer has the right to shoot a person who is committing or has committed a high misdemeanor, if such shooting is necessary to take that person into custody or necessary to stop or prevent the commission of such high misdemeanor.

An officer NEVER HAS THE RIGHT to shoot a person who has only committed a misdemeanor.

Three (3) basic rules to remember are:

Do not use your gun unless you have the legal right to do so.

You must assume that when you shoot at someone you will kill him.

The taking of human life is a serious matter, and even though you may have the legal right you must also be able to convince yourself and the public that the killing was necessary and justifiable.

Use of firearms. Firing a gun may be legally justified under some conditions, but there are other factors to be considered. You must base your decision on sound judgment rather than strict interpretation of the statutes. Your handling of the situation may avoid gunfire altogether. Firing when you are in no real danger is embarrassing and sometimes disastrous.

Better by far to let the suspect escape than to kill or injure an innocent bystander. This does not mean that you must sacrifice yourself when a resisting suspect shoots it out. Always try to remember that shots will ricochet an regardless of the law you are not morally justified to endangering innocent lives.

What is meant by "when it is necessary to shoot a suspect"? Necessary as used in these instances indicates that all other means (chasing, calling to halt, etc.) have been tried and have failed. There is a Federal decision which points out that FLIGHT ALONE is NO REASON for shooting. Other means of apprehension must have been exhausted without result first.

Shooting a suspect who is actively resisting arrest is a different matter for here the officer has the protection of self defense as well as being justified in overcoming the resistance.

Warning shots. Department rules and regulations prohibit the firing of warning shots. There is always the danger of injuring the innocent in the first of such shots, and also the possible property damage from such bullets.

As previously mentioned, you do not have the legal right to shoot at a person who has only committed a misdemeanor, and you certainly do not have the legal right to fire a warning shot at a misdemeanant.

Firing at fleeing or stolen cars. Do not fire at fleeing or stolen cars unless they are directly endangering human life. If a person in a vehicle is using the vehicle in an attempt to run you or someone else over, then you must fire.

Most cars are stolen by juveniles and frequently passengers in the car with the driver are unaware of the theft; sometimes they do not even know the driver, having been picked up as hitchhikers. Firing at the car may kill these innocent passengers. Even if the firing were to only kill the driver of the vehicle, would this killing be necessary and morally right, even though it was legally permissible?

NEVER FIRE AT CARES THAT YOU ARE CHASING ONLY FOR MOVING TRAFFIC VIOLATIONS.

Firing at juveniles. Regardless of the circumstances, shoot at juveniles ONLY to protect yourself or others against a direct threat to life. However, DO NOT ASSUME that the suspect is less dangerous because he is a juvenile. The public reaction to the killing of a juvenile is seldom good.

THE BEST GUIDE IN THE USE OF THE WEAPON IS COMMON SENSE.

§ 23-7.5 Care, Maintenance, and Use of Police Vehicles.

[Res. No. 84-200, S7.5]

Digging out; speed shifting. Digging out and speed shifting are the driving practices most likely to strain and ruin the gears of a vehicle. When a car is stuck in the mud or snow, depressing the accelerator races the engine and spins the rear wheels, but the vehicle itself gains no momentum. Digging out is a variation of the same principle, in that the wheels of a vehicle spin uselessly against the pavement for a brief period before the car is jerked into motion. The driver, attempting to make a fast start, succeeds only in wasting engine power and straining the transmission. The fast start is properly achieved by applying power smoothly and evenly; the car begins to move immediately and there is no wasted power or shock to mechanical parts.

Automatic transmissions. Automatic transmissions are designed to reduce gear and axle failures that occur in the manually operated transmission, where abusive driving habits are found frequently. However, expensive gear and axle failures will occur in the automatic transmission of they are shifted from the high or driving range to the low range at excessive speed without proper synchronization of engine and vehicle speed. When an automatic transmission is shifted from the driving range to the low range in a manner that causes vehicle to be suddenly decelerated, excessive torque is transmitted to both the crankshaft and drive line parts. Therefore, if economy is to result from the use of the automatic transmission, this practice of shifting from driving range to low range for rapid deceleration MUST BE DISCONTINUED. DO NOT shift from drive to low range if your speed is in excess of twenty (20) miles per hour. In certain types of automatic transmission, if the vehicle is accelerated to forty (40) miles per hour in the low range the discs and plates become warped and burned from the heat, and the transmission will then fail to shift in and out of low range. In all automatic transmissions that can be shifted from drive to low range by changing the shift lever from drive to low range as a decelerating practice, an excessive strain will result on the drive line and rear axle. But more important, it may blow the oil seals out of the transmission and buckle or burn the discs and plates, necessitating a major transmission overhaul.

Tire conservation. Some of the basic factors affecting tire mileage are:

Type of streets over which vehicles operate;

Maintenance of equipment;

Operation and care afforded by using personnel.

Generally speaking, nothing can be done about the topography or the type of materials used in the construction of streets. Good tire wear is dependent upon the mechanical condition of the vehicles so that a regular systematic mechanical inspection program is strongly recommended by most authorities. Sufficient air pressure is essential to good tire performance. The importance and need for constantly maintaining uniform, adequate air pressure cannot be over-emphasized. This single procedure of service is of paramount importance and contributes most to the freedom from delays, satisfactory operation of your vehicle, and increased tire life. It only takes a few seconds to drive into a service station and have the air pressure checked. Do it.

Tire inflation. It is the volume of air within the tube which actually carries the load and absorbs normal shock. The tire and tube are merely the instrument that holds the air. When tires are inflated to the recommended air pressure, the cord body is able to do its job of flexing without injury. When tires are either over-inflated, this flexing is changed from normal to satisfactory service cannot be obtained.

Over-inflation results in:

Fast wear, especially in center of tread.

More susceptibility to bruising.

Under-inflation results in:

Fast and irregular tread wear.

Excessive shoulder wear.

Excessive heat at shoulder, causing separation.

Excessive flexing of sidewalls, causing cords to break or separate.

Tire fabric breakage. A serious driving error is to allow a tire to strike a hard, sharp object as when angle parking a car into a curb. The fabric of the tire may break, although the vehicle is moving only two (2) or three (3) miles per hour. Even at this slow speed, the tire may become pinched between the concrete curb and the steel rim of the wheel.

A car cannot be eased into a curb without risking tire damage. When a three thousand (3,000) pound automobile, traveling only a mile or two an hour, strikes a solid object such as a curb, considerable shock results. In this case, the tire absorbing the shock suffers accordingly. It is poor parking practice to allow attire to touch the curb. When parking on a hill and angling wheels, the driver should stop the vehicle when the tire is two (2) or three (3) inches from the curb.

Another serious driver error is to allow tires to strike chuck holes and ruts in the street. When a one and one-half (1-1/2) ton car, traveling thirty (30) miles per hour, strikes a chuck hole an inch or two deep, the resulting shock to the tire may be the shock caused by striking a curb at a speed of five (5) miles per hour.

When a tire strikes a rock or wooden block lying in the street, damage is caused to that portion on the tire which comes in contact with the object. The manner of fabric breaks would be lessened if officers would try to avoid striking foreign objects or sharp edged depressions in the street.

One of the most inexcusable causes of fabric break is driving on a tire that is flat. Driving a car only fifty (50) feet when a tire is completely deflated will usually ruin the casing. When a tire goes flat while driving, the automobile should be stopped immediately in the closest place. Officers should never attempt to drive on a flat tire, even a short distance to a service station. If there is a safe parking place immediately available, it should be used and assistance summoned to change the tire.

Tread wear. Excessive tread wear, like fabric break, has many causes. It occurs when brakes are plied too abruptly or when a car is accelerated too rapidly. When the squeal of a tire is heard, the rubber is literally being scraped off. When a care is brought to a smooth stop and is started with a smooth, gentle use of the accelerator, no undo wear results. When an automobile is driven around a corner too rapidly, the squeal of the tires can be heard. To eliminate this, a right turn should be made at a speed not over nine (9) miles per hour. A left turn should be made at a speed no greater than fourteen (14) miles per hour. At these speeds, there will be no unusual slippage between the tires and the pavement, provided the tires are properly inflated. Obviously, when on an emergency call or chasing a violator, greater speeds will be necessary in turning movements.

Never have your feet on the brake and gas pedal simultaneously. Except under unusual circumstances, the right foot only should be used to operate the brake and gas pedals.

Mechanical problems. Officers should report all mechanical defects of a vehicle that might cause excessive treat wear. When an automobile is hard to steer, when it has a tendency to pull to one side while being driven, or when the wheels "shimmy", undue tear wear results. Such wear is also caused by uneven brake adjustment, which may be indicated by tire skidding or pulling to one side as a car is stopped.

The surface of the tie will also show results of improper wheel alignment. If there are worn spots on the tire, or the tire is worn more on one side than the other, a wheel alignment check should be made.

The careless officer who allows a tire to strike a curb or other object and bruises the fabric, may finish his tour of duty without having a blow-out or a flat tire. However, the same tire may blow-out hours later when another officer using the same car is engaged in a high-speed pursuit chase. This might cause a serious accident, or allow a suspect to escape. A written report should be made when there is an indication of any of these mechanical defects. Officers should also report any cuts or bruises that are noticeable on the surface or sidewalls of a tire. By securing needed repairs immediately, an accident may be prevented or further damage avoided. Such written reports can be made by writing the proper notations on the car status board in the business office.

Surveys have shown that the average life of a tire on a privately owned automobile is approximately twice that of a police car. If officers were to drive police vehicles with the same care as they drive their own automobiles and with the same attention to maintenance, the average life of tires on police cars would be greatly increased.

Parking vehicles. Except when answering emergency calls, all police vehicles will be parked legally. When parking on a hill or grade, the front wheels of the vehicle will be turned into the curb. When driving patrol cars, all traffic laws must be obeyed. The only exception to this will be in answering emergency calls or when in pursuit of a violator.

Driving speeds. While driving police motor vehicles, members will stay within the posted speed limits unless answering an emergency call. Only the following type calls will be considered to be an emergency nature:

High misdemeanor in progress.

When responding to a call in which another officer needs assistance.

Whenever an individual's life is being threatened directly, such as in fire or other disaster, in which the immediate presence of an officer would be beneficial.

In responding to an emergency call, an officer should get to the scene as quickly as possible with safety. He should keep his vehicle under control at all times and drive at a speed which will enable him to avoid hazards he should reasonably anticipate by being alert and exercising due care. It is important that he properly uses the light and siren so that all persons using the highway will be given adequate warning to his approach. The light and siren should be used on all emergency calls unless their use would frighten away or warn the suspects, such as in high misdemeanor in progress calls.

Naturally, officers will have to exceed the speed limits when pursuing violators in motor vehicles. However, members will not drive the patrol vehicles in excess of eight (80) miles per hour, unless they are pursuing high misdemeanor suspects or individuals whom they have reasonable grounds to believe have committed a high misdemeanor.

To pursue misdemeanor traffic violators at greater speeds than sixty (60) miles per hour will not be tolerated. If they are pursuing criminal suspects or individuals whom they have reasonable grounds to believe have committed a high misdemeanor, higher speeds will be tolerated.

Other driving practices. During routine patrol, do not drive over unpaved streets or poorly maintained roads unless you are answering a call, in pursuit of a violator, r you feel the particular area warrants patrol from a crime prevention standpoint. When parking and leaving the car, the ignition will be turned off and the keys taken out of the ignition and retained by the driver.

Do not leave the patrol car unattended with the motor running.

Do not allow the car to operate for long periods of time with the motor running and the car not moving.

When leaving the car to write a citation or other similar type assignment, always turn off the motor. Motor idling is very damaging to the vehicle motor and working parts.

When you finish your tour of duty, clean out the vehicle. Do not leave food wrappers, empty cigarette packages, newspapers, and so forth for the other fellow to clean up.

Reporting accidents and damages. Whenever the vehicle is damaged or damages the property of someone else, whether it be another motor vehicle or a fixed object, the tour commander will be notified immediately and the proper reports will be completed.

Never attempt to investigate an accident that you are involved in. Notify the tour commander and he will conduct the investigation. If the tour commander himself is involved in an accident, he will notify the chief of police immediately.

§ 23-7.6 Preliminary Investigations.

[Res. No. 84-200, S7.6]

Importance of preliminary investigations. It is well to keep in mind that the actions of the first officer arriving at the scene of a crime contribute materially to the apprehension and successful prosecution of guilty persons. There have been far too many instances when curious onlookers, newsmen, and even policemen have unwittingly moved or disturbed a body, destroyed footprints or heelmarks, smudged fingerprints, and otherwise mishandled physical evidence to such an extent that it became valueless to use in court or for further investigative leads. Officers must maintain absolute control at the scene of a freshly committed crime. Failure to do so can result in serious consequences for both themselves and their department.

Many patrol officers quickly develop the habit of merely going through the motions at the crime scene, taking the names of the victims and other basic information, and then dismissing the incident from their minds, thus leaving the investigative work for someone else to do, if it gets done at all. This unfortunate attitude not only leads to the loss of evidence, but has also taken away from the patrol officer the opportunity realize much good experience in the investigative field. Most prosecutors readily admit that the preliminary investigation will usually make or break a case.

The primary function of any police department is to prevent crime. Once a crime has been committed, it is the function of the police department to apprehend the responsible individual(s) and recover any property that has been stolen. This goal can be accomplished more effectively and more frequently by conducting a through and careful preliminary investigation.

Definition of preliminary investigation. Investigation may be defined as an active effort to learn the facts; a systematic, minute, and thorough effort to learn the details of something complex, hidden, or not plainly visible. Preliminary is further defined as something preceding and leading up to the main matter or issue. Preliminary investigation, therefore, consists of the first steps necessary to learn the facts related to the main matter or crime, and facts necessary to make the arrest of the person who committed the crime.

The five (5) main objectives of any preliminary investigation are:

Determining if a crime has been committed.

Apprehending the suspect.

Protecting the crime scene and preserving evidence.

Interviewing victims, witnesses, suspects, and others.

Completing necessary written reports.

Has a crime been committed? To determine whether or not a crime has been committed, all facts relative to a complaint must be discovered.

Due to excitement or strain, the average person frequently gives information that is misleading and unreliable. It is not at all uncommon for someone to report that "there is a burglar in the yard" or "my house has been robbed". More often than not, subsequent investigation will establish that the "burglar" is only a harmless drunk or animal, or that a family member has helped himself to some loose change on top of a dresser. In such circumstances, the officer must be able to obtain correct facts in the shortest possible time. This, of course, requires a great deal of patience, firmness, and knowledge of human nature. However, only from information given him can an officer make any determination regarding the presence or absence of an actual crime.

All officers must be well acquainted with the "corpus deliciti", or elements constituting various crimes, if they are to know when particular actions have violated the law. Corpus deliciti is defined as the body or essential elements of each crime. As stated previously, every officer must know the legal definitions of all crimes which he investigates. Thus the officer's first duty is to determine that a specific crime has actually been committed. From this fact the rest of the investigation will follow.

Apprehending the suspect. The arrest of the suspect is an officer's primary duty. The fresher the crime, the quicker the officer should act to take the suspect into custody. Since the law provides that a person is innocent until proven guilty, the officer must be very thorough in his investigations. Sufficient tangible evidence which will be admissible in a court of law must be collected. The one exception occurs in emergency cases that constitute a high misdemeanor. In such cases, the arrest may be made on reasonable cause, and complete evidence is compiled as soon as possible.

Steps to be taken to apprehend a suspect. Crimes may be regarded as either "hot" or "cold". A hot crime occurs when the offense has been committed shortly before the arrival of the officer, the immediate action necessary is to place the suspect under arrest. A cold crime occurs when considerable time has elapsed before the offense has been discovered and the arrival of the officer. Hot crimes include those offenses observed by an eyewitness; cold crimes are usually not witnessed.

In a hot case, the first officer at the scene should not delay too long before setting out after the suspect.

Naturally, he must be careful not to find himself the victim of a wild goose chase by starting with insufficient information; the important thing is that he gather evidence as accurately and as quickly as possible. Time is vital. When an officer spends too much time chatting with a witness, the suspect's chances to make good his escape increase. It is of utmost importance that a reasonable accurate description of any persons or vehicles be obtained and that the information be relayed at once to the tour commander and other patrol units.

Securing a description of the suspect. When questioning an eyewitness or a victim, the officer should attempt to get a suspect description that will include some or all of the following information:

Age.

Race and skin color.

Sex.

Color of hair.

Color of eyes.

Description of clothing.

Height.

Weight.

Build.

Any unusual characteristics.

Of particular importance are any unusual characteristics the witness or victim may have noticed. A physical description must make a suspect "stand out" in some way. Describing a person as five (5) feet, ten (10) inches tall, twenty-five (25) years old, one hundred seventy-five (175) pounds, brown hair, blue yes, dark gray suit, and red tie, is not very helpful. Whenever possible, outstanding characteristics such as scares, cauliflower ears, ski-jump noses, or missing fingers should be mentioned if known.

Description of car. When describing a car, a patrol officer should include information relating to each of the following:

Make.

Model.

Year.

Color.

License number.

Any unusual conditions of vehicle.

Direction of travel.

Number of occupants.

Communicating information to headquarters. As soon as particle, information relating to a preliminary investigation must be relayed back to headquarters, and should include:

Type of crime committed.

Description of suspect.

Description of car (if any) and direction of travel.

Where and when suspect or car was last seen.

An example report to the tour commander should read as follows:

"Pick up for aggravated assault: Male, Negro, thirty (30) to thirty-five (35) years, six feet, two inches (6'2"), two hundred (200) pounds, brown hair, light complexion, wearing black leather jacket with large lapels and tear in left upper sleeve, pink sport shirt, gray slacks, brown shoes. Nose thick at nostrils, three (3î) inch scar over left eyebrow, several days growth of beard. Walked east from scene of crime at 720 Spruce Street about five (5) minutes ago."

After contacting the tour commander, you must decide whether to give pursuit, stay at the crime scene and conduct a further investigation, or merely preserve the scene until such time as investigating officers arrive. Action of course will depend strictly on the circumstances involved.

Protecting the crime scene and preserving evidence. The uniformed officer should perform the preliminary investigation on all offenses except homicide and possible homicide. In the latter instances, the preliminary investigation will be conducted by members of the detective bureau, and the uniformed officer must concentrate on preserving the scene intact. This means he must keep all unauthorized persons away and take care not to disturb anything himself.

It is really surprising how often uniformed officers destroy evidence. They handle assault weapons carelessly, walk through the crime scene, disturb prints, move furniture, and generally mishandle objects that are sorely needed by the official investigator. Think before you act!!

In preserving the scene of a homicide or possible homicide, you must:

Not enter a room or open area where there might be evidence, unless it is necessary to protect or preserve human life. Even when necessary to do so, move carefully so that evidence is not destroyed.

Keep all persons away, and when required, rope off the crime area.

The officer should not try to handle too much by himself. If he cannot keep the scene intact because of a crowd, he should request assistance. In a major crime such as murder, each small piece of evidence must be preserved.

The methods used by an officer to preserve the crime scene will depend upon whether the crime as committed in an open area, in a hotel room or an apartment, in a house, in a car, or in a public place such as a store, street, or city park.

Gathering evidence. You must note the exact location of all evidence gathered at the crime scene. Particular attention must be paid to nearby things so as to place the position the evidence was found in as exactly as possible. Dimensions should be listed in inches and feet if possible.

Before any evidence is touched, photographs should be taken of the crime scene from several different angles. If under certain circumstances a given item of evidence was moved prior to the taking of the photo, its location should be marked with a piece of chalk or other appropriate marking device.

Next, it should be determined how evidence is to be picked up without obliterating fingerprints. A revolver, for instance, should be lifted by placing something in the trigger guard such as a piece of string, pencil, or piece of wood, and lifting the revolver.

If evidence is taken for someone, the name, address, occupation, and phone number of that person should be noted and a statement obtained as to where the evidence was found and why it was picked up. The exact condition of the evidence should be described in the crime report.

Evidence, to be preserved, may be placed in the trunk of the police car. The officer must see to it that no dirt gets on it, that no fingerprints are rubbed off, and that no new fingerprints are added. Also, he must make a careful identification. If there are serial numbers, they should be noted along with make, model, year, etc.

If there are no identifying numbers, small scratch marks should be made in a place that does not interfere with identification and analysis of the item. These marks should include the officer's initials and the date. When it is not advisable to mark the evidence, it should be placed in a container marked with the date, initials and report number.

Chain of custody of evidence. The identities of all persons handling evidence must be established. When an officer receives evidence from someone, he must note the person's name, and in turn, the name of the persons to whom the evidence is passed. So it goes, until ultimately the objects in question are securely locked up pending court trial. This procedure is known as chain of custody. If the chain is not maintained, the evidence may have no value in court.

Interviewing victims, witnesses, suspects, and others. Interviewing and interrogation of persons is the key to preliminary investigation. Interviewing demands a slightly different technique to fit each individual case and person. An interview is conducted to learn what another person knows about a crime. It consists of questions and general discussion.

When it has been established that an interviewee has valuable information, the following procedure should be adhered to:

The witness should be encouraged to tell what he saw or heard in a free and fluent manner.

The witness should be questioned regarding information he may have left out, always attempting to discover specific details. Do not cross-examine a witness; simply to attempt to obtain a clear and concise picture of what he knows.

Groups of witnesses should always be separated. If witnesses become involved in group discussions, it may cause certain individuals to alter their statements or to become unsure of what they have seen or heard. Also, in some cases, a strong-minded person may sway the thinking of a whole group.

The officer should look for witnesses not only at the scene of the crime, but in other areas as well. Sometimes a witness may not have been near the crime area, but may have seen, from a window in his home, the suspect get into a car or perform certain actions which either preceded or followed the commission of the crime.

When investigating a crime, YOU MUST SEEK OUT WITNESSES. Do not expect them to come looking for you. In most crimes, information is available to the officer who is persistent and resourceful in seeking it.

Problems of interviewing. Many witnesses will not want to offer information because they do not wish to be annoyed, they dread going t court, they sympathize with the defendant, or any number of other reasons. If an officer makes his approach in a courteous and friendly manner, however, such reluctance can usually be overcome.

If a witness dreads to go to court, it is frequently helpful to explain the court procedure to him to tell him just what he will be expected to do. A little sympathetic understanding may help to alleviate his fears. Care must be taken, though, not to coach the witness or intimidate him into saying something he doesn't really know.

A case should not be discussed either with a witness or suspect under most conditions. Many times an officer tells more than he gets back in the way of information. He is best advised to concentrate on learning something rather than telling all he knows. He should discuss only what a witness or suspect knows or says, and not the other details or what another person has said.

When gathering information, the officer must consider:

Is the witness a neutral or a prejudiced observer?

Is the witness telling more than he knows, or is he simply discussing something that he has heard?

Are any facts being withheld? Information given by witnesses must be evaluated on the basis of how reliable their memories and powers of observation are, and on how they have been affected by the excitement of the crime situation.

If possible, the officer should interview witnesses in a quiet place. They should be kept separated and instructed not to discuss the case with any other persons who might be present. Above all, the witness should be given every opportunity to explain things in his own words. As much as possible, a "conversational" manner should be adopted. Under no circumstances should the witness be grilled or threatened.

Commercial burglaries. In a single year, property loss attributed to burglary in the United States runs well over ninety million ($90,000,000.00) dollars with an average loss per burglary amounting to one hundred seventy-five ($175.00) dollars. Recent national figures indicate that only 27.7% of these burglaries are cleared by arrest.

An extensive study of burglaries for a one-year period in a large metropolitan city disclosed that forty-six (46%) percent of all burglaries (commercial) occurred on the 12:00 midnight to 8:00 a.m. shift, the greater number occurring between 12:00 midnight and 4:00 a.m. The five (5) leading types of establishments attacked were:

Restaurants and cafes.

Service stations.

Grocery stores.

Taverns.

Schools.

The study also revealed that the leading Points of Entry were the front door and broken rear windows; that the Object of Attack was usually money; and that the Tool most often used was a jimmy.

Commercial burglaries are among the hardest to investigate. The offender operates by stealth, and if clever, he leaves no evidence and no fingerprints behind. Either he must be caught in the act or trapped when he tries to dispose of his loot. Burglary seems to be one of the most persistent criminal habits. A burglar can be put in prison for two (2) or three (3) years, but as soon as he gets out on parole, he's at it again. For this reason, many departments keep burglars under surveillance as much as possible following their release.

Officers on patrol should watch for Unfamiliar Cars in a commercial area. Usually, a burglar will park his car on a side street around the corner from the establishment he is attacking. He does this so that he may get to his car without having to walk on a well-lighted street. Registration on such suspicious vehicles should be checked.

If the owners don't live in the area, the license numbers, location, and time observed should be noted. Later on, if a burglary is reported, this information could be the basis for further investigation.

Generally two (2) or more persons work together on commercial burglaries. The size of the group depends upon the type and location of premises attacked. Lookouts may be disguised as lovers, simulated drunks, people waiting for transportation, or even dog walkers. The planning and casing of a job may be very intricate. Habits of the occupants or employee will be noted, and the movements of an owner, the police in the area, private watchmen, and certain neighbors will also be studied very carefully.

Residential burglaries. Other evening burglars attack bedrooms or living rooms while the housewife is cooking dinner in the kitchen or is somewhere else in the house or yard.

Late evening burglars operate while occupants are in bed.

Some burglars attack isolated houses and other corner houses; some select homes in the middle of the block; some prefer homes located in areas where the street lighting is poor; some like two-story homes; some like apartment buildings; some refer either wood, brick or concrete houses.

When burglars are working in pairs, one will go to the front door and ring the bell while the other goes to the rear or side door of the dwelling and listens to hear if the bell rings. If no one answers the bell, the confederate in the rear will knock on the door. If then there is no response, the two (2) suspects will ascertain if the automobile is out. After they have assured themselves that no one is home, they will make an entry. Burglars will often watch a house from a nearby vantage point until they are sure no one is home, or they will often phone the house.

Apartment house burglars. The apartment house burglar may pretend to rent an apartment or a furnished room, and while inspecting it, open a window or slip the catch off the door. He will return later and burglarize the premises. Some burglars, after finding letters in a mailbox, will ring the bell of an apartment. If they get no answer, they will enter and ransack the premises. If people should be home, the burglars can always post as salesmen or solicitors or ask for some other person. This type usually takes money or jewelry.

Hotel and motel burglars. Usually, hotel and motel burglars will attack either in the evening or in the early morning. In the fist instance, the suspect rents a room sometime around 9:00 p.m. to 11:00 p.m. He then cases the hotel or motel, and observes the habits of the guests. He either knocks on doors or he makes phone calls to rooms to determine if they are unoccupied. Entry is gained by means of force, by pass keys, by celluloid strips, by picking locks, or by crawling through open transoms or windows.

The early morning hotel or motel prowler may rent a room in the hotel or motel or have a confederate do it for him. Between the hours of 3:00 a.m. and 6:00 a.m., he effects entry into guests rooms by any of the means mentioned previously. He works with a flashlight, frequently using a small pen-type, and he moves about in stockings or bare feet. Purses, trousers, and dresser drawers are his favorite targets. When his work has been completed, and he has not been detected, he will leave the hotel or motel when the clerk is not at the desk.

§ 23-7.7 Investigation of Burglary.

[Res. No. 84-200, S7.7]

Types of burglaries. Burglaries, often called Breaking and Entering, is one of the most troublesome and frequent crimes that police agencies have to contend with in the country. The crime of burglary is difficult to investigate in that it is usually committed in the hours of darkness, and the responsible person is seldom, if ever, seen committing the crime. Before we can investigate any crime, we must determine exactly what crime has been committed. Burglaries can be broken into four (4) general types:

Residential.

Commercial.

Safe.

Vehicular.

Residential burglaries. Residential and apartment house burglaries are quite prevalent in large cities. In a given year, they can cause members of the urban community considerable loss of money. An officer investigating a burglary has an excellent opportunity to further good public relations. If he is sympathetic towards the complainant and conducts an efficient investigation, he will convey a feeling of confidence, thereby insuring fuller cooperation and winning greater respect for the department.

Not all burglaries are spontaneous. Many burglars visit residential neighborhoods beforehand in order to select a favorable place to attack. In doing this, they or their accomplices may assume the role of a salesman, solicitor, public utilities man, or a person looking for a friend. Generally, they will carry some credentials, either faked or real. They are especially observant of movements of the neighbors, presence of police officers in the area, the time when certain persons are at home, and available mean as of entry into residences. After they have selected a particular place, they will then ascertain what the place contains that is worth taking, and also look for possible getaway routes. Such observations may be casual or may cover a period of several days; in rare instances, it may be extended into weeks.

It is very important for an investigating officer to ascertain, if possible, the exact or approximate time when a burglary was committed. This will assist him when checking the MO files for similar offenses. Many burglars follow a certain pattern as to the time they commit their crimes. Following are some examples:

Afternoon thieves usually operate between 1:00 p.m. and 5:00 p.m. when residents are either shopping, working, or visiting friends.

In the evening, some burglars frequently strike when the occupants of a house are attending social functions, lodge meetings, visiting friends, or at the movies.

Burglary methods. Some of the more prevalent methods of burglaries are:

Jimmy or strong-arm method. The most common method used. A window is forced open with a strong instrument, and the burglar usually steals petty cash, typewriters, check protectors, checks, liquor, or anything else that is portable or saleable. Evidence frequently found at the scene includes tool marks, fingerprints, and footprints.

Wall cutters. A burglar will break into a vacant building next to the one he wants to burglarize. He then proceeds to cut a hole in the wall into the next door premises, usually with a brace and bit, saw, or chisel. Sometimes he will gain entry through an outside wall adjacent to a vacant lot or alley.

Skylight burglary. This method may be used if a building is securely locked or is protected by a burglar alarm. Some techniques employed to gain entry include the use of a ladder to reach the roof, or the use of an adjacent roof, signboard, or telephone pole. Once on the roof, the burglar will break the skylight or cut out a section of glass. He will then lower himself by a ladder rope, dropping down or climbing down inside cross beams. After completing his act, he may exit by door or window, by climbing back up the rope or ladder.

Roof burglary. The same MO is applied here as in the skylight burglary, except that the burglar will cut out a section of the roof with a keyhole saw.

Hideout burglary. These burglars will hide in a washroom, locker room, under a counter, or behind merchandise until a business has closed for the day. One of the advantages for law enforcement officers is that it is practically impossible for hideout burglars not to leave traces behind, such as cigarette butts, footprints, matches, cloth marks, and so forth.

Office building burglar. This enterprising fellow enters buildings near closing time and conceals himself. He may also enter an office under the pretext of seeking employment or of looking for someone. His main objective is to locate any available purses or wallets.

Safe burglary. Safes fall into two (2) general categories: Fire vaults and money vaults. In most instances, fire vaults are square in shape and their primary purpose is to protect records and documents from burning. They are weakly constructed and will not withstand pressures administered by wrecking bars, sledge hammers, and so forth. Money vaults on the other hand are usually circular in shape and are generally encased in blocks of cement located on the floor. Frequently they are referred to as "E" chests.

Types of safes. Listed below is a more specific breakdown of the various types of safes used by businesses and other organizations:

Key locked. A single key locked safe is usually a lightweight model for home and office. It is embedded in a wall or in the floor to prevent anyone from carrying it away. A double key locked safe requires two (2) keys to open it (one will be kept on the premises and the other at an outside agency), and it is frequently equipped with a money deposit slot where funds can be dropped in but not withdrawn. Also there is a combination locked-double key locked model. In this type, a combination is found on the top door of the safe, and a double key is on the second door. Usually mounted in a steel encased concrete block, the safe will withstand a burglary attack for a minimum of forty-five (45) minutes.

Combination locked safes. A combination lock consists of a knob and a dial built on the outside of the safe, with a spindle running through a set of tumblers on the inside of the lock. When the combination is worked properly, the slots are placed in alignment and a small metal lever called a "dog" drops in the slots. This action released the bolt mechanism and the safe may then be opened.

Fire resistance safes. These safes have an outer and inner wall of thin metal. A one (1) to four (4) inch space between the two (2) walls if filled with concrete or fireproofing material.

Tool resisting safes. This type of safe is somewhat similar to the fire resistant safe, but is constructed with heavier metal and rivets. There is a drill resisting plate in front of the lock and a relocking device on the lock. Burglars working with ordinary tools will require a minimum of twenty (20) minutes to crack the safe.

Torch resisting safes. A torch resisting safe will often weigh seven hundred fifty (750) pounds or more, and will be buried in concrete or encased in a larger safe. The body and door will be equivalent to one and one-half (1-1/2î) inches of open hearth steel, and copper or other burn resistant meal will be laminated to the door and the body. The safe will resist oxifuel gas torches for a period of one (1) hour. It will not, however, resist high explosives.

Explosive resisting safes. This kind of safe has combination locks and a round door, usually of the lug type. It is approximately the same weight as the torch resisting safe, and it will withstand commonly used high explosives for a period of one (1) hour.

Torch and explosive resisting safes. This is a combination locked type safe. It has round tight-fitting door, and is either screw or lug type. The door and body are of manganese steel, which is drill resisting and has the necessary burn resisting metals.

Types of safe protections.

A burglar alarm system may be placed in a safe.

A relocking device may be set so that a safe will be automatically locked if the combination is forced.

A gas and chemical system can be rigged so that a substance will discharge into the face of a burglar when he attempts to force the combination. Gas can be released by means of a thermostat in the instances when a torch is used by the burglars.

Types of safe burglaries.

Punch or knob knocking. A hammer and a punch are needed to accomplish this type of job. The dial of the safe is broken off and the punch is placed against the spindle. The punch is then struck with the hammer, forcing the spindle to back into the safe, causing the "dog" (an arm that controls the locking bar) to drop down, releasing the locking bar.

Peel method. Crow bar, drill, wedge hammer, and chisel are usually needed. The metal is peeled form its rivets, usually on the door. A metal drill is used to make a hole about one (1) inch down form the upper left corner of the door. A pointed pry bar is placed in the hole, and pressure is applied until the corner of the safe is pulled away from the rivets. A wedge or crow bar is then place between the metal and the fire clay, and the outer metal is peeled away form the rivets holding it to the safe. The fire clay is then removed from around the locking bar, and the bar is forced back, allowing the safe to be opened.

Rip or pry. This job is started the same as the "peel" job. Instead of peeling the edge of the door, the burglars will rip the door down so they can remove the fire clay and reach into the safe to get the contents. Usually an amateur job. The rip or pry is frequently very sloppy work.

Chopping job. The tools needed are a hammer and chisel or hatchet. Since the weakest point of a fire resisting safe is the bottom, the safe is usually turned on its side or bottom up. A one (1) foot square piece of sheet metal, spot welded to the bottom of the safe, is broken loose. The fire clay is then removed, the inner plate is punched in, and the safe man reaches inside and removes the contents.

Drill. An electric drill, a hammer, and a punch are required for this job. The drill is placed at an angle just in front of the locking bar, and a hole is drilled until the locking bar is contacted. Then a punch is placed in the hole and struck with a hammer. This forces the locking bar back, breaks the locking mechanism and allows the safe to be opened. The safe man may drill into the faceplate of the dial so that he can line up the tumblers and allow the "dog" to drop and release the locking bar.

Torch or burn job. Tools needed are oxygen and acetylene bottles, a cutting torch and goggles. On a single bar locking safe, the safe man can burn a hole between the handle and dial until he burns through the bar. The torch cuts out a circle around the dial, a square to the front of the dial or a section from the rear of the safe. The safe man then removes the insulation and the inner layer of metal. He can then release the lock mechanism and reach in and remove all of the contents. Sometimes, in order to prevent the possibility of burning the contents with a torch, burglars have burned a small hole in the top of the safe and poured water in.

Explosives (nitroglycerine). Generally two (2) methods of explosive jobs are used:

Rag shot. A hole is drilled just above the lock and a piece of cotton is soaked in nitro and wrapped around a fulminating cap. The cotton is then placed in the hole.

Door shot. A piece of putty is placed around the crack of the safe door. A hole is left at the center of the top edge of the door. The nitro is allowed to drip into the cup by use of a hypodermic needle. When the nitro shows at the bottom, the tunnel is filled and the hole can be sealed. A cap is then sealed in the cup at the top and the charge is set off by means of flashlight batteries or an electric outlet.

The smash job. Only a hammer and pry bar are needed. The door to the safe is hammered until it is sprung. The pry bar is then used to force the door open.

Work the combination. Safes can be opened by persons manipulating the tumblers and persons having knowledge of the actual combination can succeed. These people are few and far between. The investigator should check very thoroughly when a safe has been opened by the combination alone.

There can be no doubt that the "E" chests are much more difficult to enter and are therefore attacked much less frequently than the easy-to-enter fire vaults.

The most common method used to attempt entry into safes is the knock and punch method.

The majority of safe burglars work during the early morning hours. Either they will have a large assortment of tools in their possession, or they will attack establishments that have tools inside the building. They frequently leave tools at the scene that they have brought with them.

At the scene of the safe burglary, the investigating officer must be very careful not to destroy evidence. Several photographs of the safe and surrounding area should be taken before anything has been moved or touched.

Auto burglary. An auto burglar will frequently work with two (2) accomplices, one (1) on the street and one (1) in a car. When a car worth attacking is spotted, the burglar car will double park as near to it as possible. One or more of the men will then pry open the window of the victim car on the street side and toss any stolen goods to the man remaining in the burglars car.

Another method used by burglars consists of parking their car with the trunk unlocked and then operating within the immediate area. Burglars of this type usually work in pairs and walk close to the curb lines, looking into cars. When they see a car they want to attack, they pry open the wing window on the sidewalk side. The stolen goods are dumped into a bag, then taken to their car and placed inside the trunk. Generally, these burglars work in the early afternoon hours in parking lots and business districts. With experience they can learn to gain entry into vehicles in less than one (1) minute.

In your report, be sure to itemize carefully and in as much detail as possible, all property stolen.

Most people are covered by insurance on thefts from locked vehicles so be sure to check the victim's story thoroughly to be sure that you are not being victimized with a false theft report.

Burglary evidence.

Fingerprints. Too much emphasis cannot be given to the need for an exhaustive search for fingerprint impressions no door, door knobs, glass in doors and windows, window frames and sills, etc. In the event a suspect has touched certain items with his bare hands, he may have left latent prints. Other types of objects that are apt to contain prints include:

Objects with hard, nonabsorbent surfaces such as glass, porcelain, enamels, bright metal, and polished woodwork.

Objects with semi-absorbent surfaces such as paper, cardboard, and wood.

Footprints and tire marks. The officer searching the outside of the house or building should be careful to avoid walking over footprints or tire tracks left by the suspect or his vehicle. He is best advised to walk several feet from the edge of the house.

By placing a box or marker over footprints, the officer can clearly indicate the location of the evidence and thereby possibly prevent anyone else from destroying it. Once a piece of evidence is moved, it cannot be returned to its exact position, nor can a fingerprint, once it is distorted, be brought back to its original form.

Search for other physical evidence. Physical evidence can be found which will assist in establishing an MO. Often, it will lead directly or indirectly to the perpetrator of the crime or at least to the manner in which the crime was committed. A few items to search for are:

Blood or tissue.

Tire marks and tracks.

Tools or tool marks.

Cigarettes or matches.

Teeth marks on foods.

Glass fragments.

Valuable evidence is frequently found at points of entry and exit to a residence or building.

All evidence should be labeled. On the label, place the date of the crime, name of the victim, case number, and the signature of the officer who can testify in regard to the exhibit.

Tools used in burglaries. A few of the more common burglar tools include: celluloid strip (for opening certain types of locks), ladders, hammers, small bars, pocket knives, tire irons, braces and bits, chisels, jimmies, thin pieces of steel, pick locks, pass keys and adhesive tape. In most cases, tools used in the commission of a burglary will be used again in later similar offenses.

Many times burglars leave all of their tools at the crime scene.

Neighborhood checks to determine identity of burglar. Many cases have been solved by a simple neighborhood check. Here an investigating officer has an opportunity to put his public relations training into practice. Citizens interviewed should be approached discreetly and made to feel that the information they might give is both valuable and useful to the case, as it often is. It is not at all unusual for a person to observe a crime and not advise the police unless specifically sought and questioned. Reasons for this type of behavior are often difficult to understand, especially when witnesses come up with statements such as "I didn't think it was any of my business" or "I didn't wish to become involved".

There are many people who do not sleep well at night, and as a result, spend a great deal of time looking out of their windows. Handicapped shut-ins and victims of insomnia are examples. Such people frequently observe things that if known would be of value to the police. You must seek them out for the information.

You may obtain information about men seen hanging around a house the day before it was broken into, or peddlers who were ringing doorbells that day, or cars seen parked in front of the house.

The officer should determine if any known burglars or thieves are known to be in the area where the rime was committed.

Arrange with the victim and others in the vicinity to report any and all information to the department in the event anything of value is secured by them.

Disposing of stolen property. When large quantities of stolen property is secured, the burglars usually dispose of it through a receiver of stolen property or "fence". They sell it to the fence at a low price, as it is necessary for him to take chances in disposing of the property. The fence may keep the property in storage for some time until the "heat is off", as they term it. When he feels it is safe to dispose of the property, he then starts selling it. Property may be transported for great distances before it is sold o disposed of. Also, it may be repainted, remodeled, or changed in some manner to make identification difficult if it should be observed by officers or the victims of the theft.

Burglars who operate on a small scale may use or dispose of the property personally. They often keep it in storage or hidden for some time before they use it or sell it. Amateurs may make use of stolen property immediately after the burglary or they may trade it off or sell it.

When stolen property is recovered. Secure and label all recovered property. Have the victim and other witnesses identify the property. Question the accused or suspects and if possible obtain confession to the burglary or breaking and entering. Make every effort to find a witness or witnesses who saw the accused in the vicinity or at the place of the crime at or near the time it was committed.

Recovered property should not ordinarily be released to the owner until the case is disposed of in court. When you return the property to the owner, be sure you receive a signed receipt for same form the owner.

Apprehension of the suspect. If the suspect is apprehended away from the scene, he should not normally be returned to the scene. He can always claim in court that his knowledge of the scene was gained at this time, and that any evidence such as glass found at the scene were left when the officers took him to the scene.

As soon as possible after apprehension, a detailed statement from the suspect should be obtained. The more information, the easier it will be for the interrogator to catch the suspect in a lie. If the suspect admits the crime, all the elements of the crime must be in the statement. At this time, the man's sobriety should be noted. He may later use the excuse that he was drunk at the time he committed the crime.

Depending on the circumstances, it is frequently a good idea to keep the suspect's outer clothing as possible evidence. It may contain glass particles or bloodstains, or there may be a cloth pattern at the scene made by the clothes. After removing evidence from the person of the suspect, the officer should personally take it and place it in his locker for safekeeping.

In his report, the officer should list the exact location of the property when it was found on the suspect, such as inside the right coat pocket, in the left rear trouser pocket, and so forth. Often a defense attorney will attempt to discredit an officer's testimony if the officer doesn't remember the exact location of the evidence he found on a suspect.

Other investigative tips.

Let the complainant tell his own story in his own words first.

Since the complainant is often reluctant to tell police who the suspect is (for fear of reprisal), the investigating officer must stress that information is confidential.

It is very important to have a factual, accurate list of the property stolen; false or poorly prepared lists will often mislead investigators.

Always have a suspicious mind when receiving complaints; many false reports based on recovering insurance claims are filed.

From sixty (60%) percent to seventy (70%) percent of all burglaries are committed by juveniles. This is an important fact to remember, and many times a good investigative lead.

Investigation and recovery of stolen vehicles. Automobile theft is one of the major police problems confronting law enforcement agencies today. This problem shows no signs of decreasing, but instead is more and more on the increase as the country becomes motorized.

The incidence of auto thefts can only be reduced by constant, vigilant, motorized patrol. Almost seventy (70%) percent of all auto thefts are perpetrated by juveniles, many of whom steal vehicles only for temporary use for "kicks".

Federal Dyer Act. The Federal Dyer Act from the National Vehicle Theft Act consists of the following elements, and they must be present to constitute a violation of this law:

That the motor vehicle has been stolen.

That the motor vehicle was transported in interstate or foreign commerce.

Knowledge that:

The person transporting the motor vehicle knew it to have been stolen; or

The person receiving, concealing, selling, etc., of the motor vehicle knew it to have been stolen.

In these cases it is possible to prosecute at the point of the arrest, and is not necessary to return the subject to the point of theft.

The Federal Bureau of Investigation has jurisdiction and can make the necessary investigation on this type of automobile theft.

Classifications of automobile thefts.

Transporting thefts. Generally called "joy riding" by juveniles. A relatively large number of motor vehicle thefts come under this classification. Joy riding thefts are generally crimes of opportunity. The vehicle is usually recovered within eight (8) hours and in close proximity to the point of the theft. Frequently try to outrun police when caught. Not uncommon to recover cars in a damaged condition.

Adult joy riding is usually done by drunks. These occur infrequently. The recovery rate is high, and the offender frequently apprehended after being involved in a collision and/or a hit and run accident.

Persons often steal cars to be used a temporary transportation to a given destination. Transients, hitchhikers, runaway juveniles, and armed service personnel are usually responsible. The vehicle is usually abandoned after it has served its purpose. If the vehicle breaks down or runs out of gas, it will be abandoned on the spot and frequently another vehicle will be stolen. Sometimes vehicles are placed in a garage for repairs, washing, or storage. This does not create suspicion, and affords the thief an opportunity to making his getaway.

Many vehicles are stolen to be used in the commission of other crimes. This may involve offenses against banks, messengers, public markets, payrolls, or service stations. This type of automobile theft is of major concern in that the vehicle may be driven at high rates of speed in an effort to get away, and there is always the possibility of gun play. These cars are usually left on the street with a lookout while others are committing the crime. Vehicles abandoned in such places as: side streets, dead end streets, dark isolated areas, parking lots, garages, vacant lots, and streets which have no houses facing on them.

Commercial thefts. These thefts are committed by persons in order to strip them of their parts for financial gain, their own use, or to resell or exchange for other accessories. Generally, they are committed by juveniles.

Many motor vehicles are stolen for purposes of resale either the entire vehicle, or dismantled and parts sold separately. This type of crime generally involves the professional criminal. These criminals are continually thinking up new means of circumventing the law and officers should not underestimate their intelligence. They are difficult to apprehend and convict, as they are well informed as to registration procedures in the state they are "working". The recover rate is low in this type of vehicle theft. Frequently interstate transportation of the vehicle is involved.

Modus operandi of automobile thieves. Thieves prefer to attack unprotected vehicles. Those in which doors and windows are open or unlocked, keys are in the ignition, the motor running, are prime targets.

Several methods are employed to enter locked vehicles:

Duplicate keys are made after obtaining the key from a garage employee; door and lock numbers are also used to obtain duplicate keys. Use of keys indicates planning, and usually characterizes the professional thief.

Tools that can be used to open doors by lifting the lock latch are commonly used. Even coat hangers, bent into a shape to give them leverage, can be used. All that is necessary is that the tool be thin enough to slip through the vent window, between the glass window and weatherstripping, or any other opening giving access to the inside of the vehicle; and that the tool be of sufficient length to reach the door lock and of sufficient strength to be used as a lever to lift the latch and unlock the door.

Recovering stolen vehicles. An officer who is conducting an investigation of a recovered stolen vehicle should do so thoroughly, determining the following:

Check the vehicle for missing parts, accessories, etc.; is the vehicle locked; are the keys in the ignition; is there any evidence of the method used to start the car, such as aluminum, jumper wires, punchout tools for ignitions as so forth.

Check the vehicles for fingerprints: If there is any indication of prints being available, hold the vehicle until a member of the department can come out and dust for prints. If it is necessary to impound the vehicle while you are waiting for prints to be taken, it should be towed to a garage or other location where it can be held securely.

If there is no need to hold the vehicle, it should be returned to the owner. However, if for some reason the owner cannot immediately come to the scene to claim his vehicle, then it must be towed into a garage for safe keeping. Remember: The police are responsible for the car once it is recovered, and until the owner takes custody of it.

Whenever you recover a vehicle, make a neighborhood check with persons living in the vicinity to see if they may have witnessed anything.

Automobile identification. The first step in checking vehicles is the license number. From this number it is possible to ascertain the names of the registered and legal owner of the vehicle.

Many times license plates are switched. The surest way to identify a motor vehicle is by the motor number. This motor number is stamped on the motor itself, or on a plate which is in turn riveted to the motor. It is always a stamped number and never a raised number. Sometimes it is difficult to find, as it may be covered with dirt and grease. Always inspect it carefully, as it may have been altered in some manner.

Serial numbers on vehicles must not be confused with motor numbers. The serial number is usually on a small metal plate bolted or riveted to some metal pat of the vehicle. Vehicles can be identified by serial number if they motor number is not available.

In those instances where thieves have removed all identification from a vehicle, a thorough search of the car may turn up scraps of paper, letters, or lubrication charts which may be useful in locating the owner of the vehicle.

How to recognize stolen vehicles. Generally, the recovery of a stolen vehicle is not subject to mere choice. The successful completion of an automobile theft complain requires the constant application of such basic principles as preparation, observation, suspicion, curiosity, attention to detail, and thoroughness.

Characteristics of automobile thieves. Frequently the actions of the driver will cause suspicion. They may refuse to pass a police car, or the driver may not seem to "fit the car", such as juveniles driving expensive cars; shabbily dressed person in a new car; conservatively dressed person in a "flashy" car. Also unfamiliar handling of a vehicle causing jerky starts, sudden stops, or clashing of gears may direct your suspicions to the vehicle. A driver wearing gloves often bears investigation. Other suspicious actions are: Overuse of rearview mirror, reckless or careless driving, changing seat and mirror adjustment, and driving without lights.

The actions of the potential car thief on foot include constantly being on the move, looking around, trying door handles on parked vehicles, looking into cars to find ones with keys in the ignition and valuables inside.

License plate discrepancies frequently will arouse your suspicions, such as a new plate on an old car or old plate on a new car, plates loosely attached, one plate fastened over another, expired plates, altered plate number, cars without plates, homemade cardboard plates, no rear plate illumination, and finally dirty or mutilated plates.

Often the general appearance of the car may indicate that it is stolen. Such things as external damage to a new car, trunk lids pried open, broken windows, open car windows during inclement weather, over accumulation of dust on the car, debris under the car, improper parking, evidence of removed accessories, keys in the ignition, and old citations on the car.

Checking driver's knowledge of the automobile. When interrogating possible drivers of stolen vehicles, pertinent questions include how long has the suspect owned the car, how far has the suspect driven the car (then check the mileage data given against the speedometer reading). Ask him when the car was last lubricated and check his answer against any lubrication stickers available. Check the contents of the trunk and glove compartment, and pay close attention to the general demeanor and conduct of the driver in answering your questions.

Preventative measures for officers on patrol. Parked unlocked automobiles are most vulnerable to attack. If possible, attempt to lock u any vehicles found with keys in the ignition. Bring the key to that station, and leave a note on the car for the owner. Always be suspicious of juveniles driving cars. More than sixty (60%) percent of all vehicle thefts are perpetrated by juveniles.

Always have available a list of the license numbers of local stolen vehicles, and also the numbers of cars stolen in nearby communities. Vehicles parked in large numbers such as parking lots and places of amusement are always targets of auto thieves. Be alert of all suspicious persons loitering in these areas.

Investigation of thefts from vehicles. Vehicle boosting and theft of auto accessories account for a greater property loss per year than burglary, robbery, and all other types of property theft combined. The theft of auto accessories generally means the theft of vehicle attachments to include anything that is a part of the car and necessary in the operation of it. Auto "boosting" describes the theft of looser property from inside of the car.

Method of operation. These types of thieves can work fast; cleaning out a car in a matter of seconds. They frequently walk along the curb looking into parked cars. They enter locked cars by using a screwdriver or beer can opener to pry windows. They frequently work with a partner. The partner walks along the property line window, stopping at some distance from the booster; or may be standing at the intersection where he can watch the approach of police or others. Vehicles are also frequently used. The suspects spot likely cars while driving, drive u to the car, passenger gets out, breaks into the car, steals goods, jumps back in the car, and they drive off.

Besides screwdrivers or beer can openers, these boosters may carry a shopping bag folded in the pocket or in their hands. They often wear jackets with large pockets similar to army field jackets. Boosters generally work the shopping areas, either downtown or in the outlying districts. They also work the motel and hotel areas.

Preventive patrol includes being alert for persons entering or leaving parked vehicles. All suspicious persons should be interrogated. If the suspect "looks good" but you haven't enough to bring him in, take his name and address. If a theft should turn up later in that same area, you already have a good suspect.

Crime reports. One of the most important parts of the officer's crime reports is the description of the property stolen. Poor reports and poor descriptions of items stolen hamper follow-up investigations and the recovery of the property.

For example: One portable radio. Make, model, size, color, and any other specific details about the radio should be recorded. There is no excuse for submitting a report that is sloppy in describing the property stolen. If you ask the questions, nine (9) times out of ten (10) the answers are available.

If the theft has occurred near homes or businesses, do not neglect to make a check with any persons who may have witnessed the crime or seen suspicious persons or vehicles in the area.

§ 23-7.8 Investigation of Homicides.

[Res. No. 84-200, S7.8]

Knowledge of duties and responsibilities. Although there is considerable belief that the investigation of homicides is a highly specialized field, every officer should have sufficient knowledge of his duties and responsibilities in this field to enable him to proceed with the preliminary investigation while awaiting the arrival of an officer who specializes in this type of investigation. Much valuable information and evidence can be developed at the scene of a homicide by the first officer to arrive, which is usually a uniformed patrolman. If that officer realizes his duties, responsibilities, and limitations, and proceeds with the intention of cooperating with the assigned investigators, his assistance is of the utmost value.

You must consider all apparent homicides and even suicides as if they were actually homicides until you have definite proof to the contrary. Therefore, the investigative procedures outlined in these pages will be followed in the investigation of apparent homicides and suicides, as well as homicides.

Approaching crime scene. In approaching the crime scene, be alert for any unusual condition or activities in the area. Watch for persons that may be fleeing the scene. Watch for persons with freshly inflicted injuries or torn or bloody clothing. License number of vehicles near the scene should be noted.

Investigative techniques at crime scene. The important phases of the investigation may be divided into three (3) parts:

Establishing the fact that the homicide reported is factual.

Apprehending the criminal responsible for the commission of the crime.

Gathering and collecting statement of facts, circumstances, and any evidence necessary for the prosecution of the criminal.

THE GOLDEN RULE of a homicide investigation is NEVER TOUCH, CHANGE, OR LATER ANYTHING until identified, measured, and photographed. Remember that when a body or an article has been moved, it can never be restored to its original position.

Responding to homicide call. An officer responding to a homicide call should note accurately, in writing, the time he received the call and by whom it was sent. The following items should also be included:

Time of arrival at the scene.

Correct address of scene.

Weather conditions.

General details of scene, to include:

Identity of those present.

Position of the body in relation to objects in the room.

Any evidence of a struggle.

Lighting conditions, physical appearance of the scene itself, and any remarks made pertinent to the case.

Upon entering a room in which there is a dead body, officers may be confronted by conditions of utter confusion. The situation requires poise, tact, and common sense.

Protect crime scene. You must protect the entire crime scene area. Exclude form the immediate area the public, relatives, newsmen, and even other officers not assigned to the investigation. Under no circumstances permit anyone to touch or remove anything in the crime scene area.

The victim.

Determine if the victim is dead; but in doing this you must still keep in mind the protection of the crime scene and not destroy evidence. Only one (1) officer need approach the victim. If any sign of life exists, you must take immediate steps to save the life. If the victim is seriously injured, but still conscious, the officer must make every effort to obtain information necessary to justify a dying declaration as evidence.

If the victim is to be removed by the ambulance crew, they should follow the same route as taken by the officer who examined the victim. Before moving the body, mark its position by outlining same with chalk or other writing material.

If the victim is obviously dead, the body must not be touched or moved by anyone prior to the arrival of investigators form the detective bureau.

Refrain from expressing opinions. Officers must refrain from expressing their opinions as to the probable cause of death. A seeming homicide may prove to be accidental death; a death which appears to have resulted form natural causes might be a suicide or a homicide. Erroneous suppositions are not conducive to good police efficiency.

Remain at the scene. Patrol officers will remain at the scene until relieved by their tour commander or the detective investigating the case.

§ 23-7.9 Investigation and Recovery of Stolen Bikes.

[Res. No. 84-200, S7.9]

Licensing as deterrent to thefts. There is a direct relationship in any city between the number of bike thefts and the amount of police preventive patrol directed towards this particular type of theft.

One of the most important deterrents to the thefts of bikes is licensing. Persons are less apt to steal licensed bikes, and the percentage of licensed bikes recovered is twice that of unlicensed bikes, and those that do not have licenses should be instructed where and how to obtain them.

Bike theft reports. First of all, be sure you have a bike theft before you take the report. Many times the bike is not stolen, but merely misplaced. Frequently another member of the family or a friend has borrowed the bike.

The most important item in the report is the description of the bike. Always obtain the serial number and license number, if there is one. The serial number of the bike is found in one of the following places, depending on the make of the bike:

On the frame underneath the sprocket.

On the left side of the frame, close to the hub of the left rear wheel.

On the portion of the frame that holds the seat.

On the frame, adjacent to the adjustment clamp for the seat.

The majority of the bikes will be found to have the serial number under the sprocket. Many manufacturers put a model number on the bike. This number may be distinguished by the letters that precede or follow the number, for example "EH 4555" or "7234H". Do not confuse the model number with the serial number. If in doubt, report both numbers.

There should be index files in the office, filed by the license number assigned to the bike and in alphabetical order by the name of the juvenile owner. Therefore, when a bike is recovered with a license number, it can quickly be identified as to ownership.

Even if the bike has been licensed, the following descriptive information should be obtained:

Size of bike; i.e., twenty (20) inch, twenty-four (24) inch, twenty-six (26) inch.

Whether it is a boys or girls bike.

Does it have balloon or regular tires.

Is it a racing model, regular model, single- or double-bar construction.

List accessories, such as baskets, lights, coon tails, horn, speedometer.

Specify type of handlebars; racing, regular, or Texas Steer.

Fenders, if any.

Type of saddle seat.

Any identifying marks or characteristics.

Preventive patrol and recovery. The great majority of stolen bikes are taken by juveniles; thus the best means to effect the recovery of the stolen bikes is for the patrol officer to concentrate on areas where juveniles congregate. Many times they will steal bikes and then hide them before going home, because of fear of reprisal from their parents. For this reason, officers should check places of concealment, such as:

Vacant lots.

Behind billboards.

Shrubbery near schools.

Public parks and playgrounds.

Near theaters and other places of amusement.

Many times officers have recovered stolen bikes and cleared up bike theft rings by the observing of parts of bikes stored in basements and elsewhere, wile the officer was responding to another routine call.

§ 23-7.10 Investigation of Drunk Driving.

[Res. No. 84-200, S7.10]

Under the influence of intoxicating liquor; Definition. "Under the influence of intoxicating liquor" has been defined as follows:

If the intoxicating liquor has so far affected the nervous system, brain, or muscles, of the driver of an automobile as to impair to an appreciable degree his ability to operate his car in the manner than an ordinarily prudent and cautious man, in the full expression of his faculties, using reasonable care, would operate or drive a similar vehicle under like conditions, then such driver is "under the influence of intoxicating liquor" within the meaning of the statute.

Be on lookout. Intoxicated drivers are a menace to themselves and other persons on the roads. You must always be on the lookout for vehicles that are behaving strangely on the streets and highways.

If you observe a vehicle that appears to be driven by a person under the influence of intoxicating liquor, follow the car to observe the driver, but immediately notify the desk of your location so that another vehicle can assist. The officer in the other car will then also serve as a witness to the acts and condition of the suspect driver.

Observations and testing of suspect. In addition to the officer's observation of the driving of the suspect, the next most valuable evidence is the suspect's actions and response to questions after he has been stopped.

The officer should specifically check the following:

Suspect's breath for odor of alcoholic liquor.

Color of his face.

General condition of his clothes.

General attitude, particularly the degree of cooperation.

Any unusual actions, such as profanity, belching, vomiting, or fighting.

Suspect's balance should be carefully tested. He should be directed to stand with heels together, toes pointed straight ahead, with head back and eyes closed. Observe conditions such as swaying, jerky motions, or actual falling.

He should be directed to walk a straight line with the heel of one foot placed against the toe of the other, continuing in such a manner for fifteen (15) or twenty (20) feet, then turn around and back in the same manner to the starting point. Again, the ability to walk straight without swaying, losing balance or falling is tested.

Use the finger to nose test by directing the suspect to stand erect with his eyes closed, and extend his arm horizontally to the sides. Then ask him to describe an arc with one arm at a time, and then touch the tip of his nose with his index finger. If he does not understand the test, demonstrate it for him. Note such conditions as uncertainty, where the finger touched his face, and how long it took to complete the operation.

Drop a coin on the ground and ask him to pick it up. Note his actions as to how long it takes him, how uncertain he is, and how well he maintains his balance.

While talking to him, you should have gained sufficient knowledge of coherency of speech. If further testing is necessary, have the suspect repeat some difficult words. Note such conditions as stuttering, confusion, and so forth.

If possible, get a handwriting sample. Have him write his name and compare it with the signature on his operator's license.

Check his body for any cuts, bruises, or injuries.

Check the reaction of his eyes to light. This test should be performed last as follows:

Flash a bright light into the eyes of the suspect then flash the same light into the eyes of a nonintoxicated person.

Compare the reactions of both persons. The intoxicated person's irises will contract slightly and more slowly than those of a nonintoxicated person.

During the daytime, the test may be conducted as follows:

Hold a cupped hand over one of his eyes, then remove the hand and note the reaction of the iris to the light.

Conduct a comparison test on a nonintoxicated person.

The iris is the colored portion of the eye. The pupil is the aperture in the center of the iris. An expanded iris results in a larger or dilated pupil. A contracted iris results in a smaller pupil.

Other important considerations. Witnesses to the driver's driving and general condition after being stopped are always very desirable. Be sure to obtain their names and addresses.

Be sure you are dealing with a drunk driver. Persons afflicted with sugar diabetes have many of the symptoms of a drunk driver. They may be in such bad condition that they can't advise you. However, they are all required to carry a card stating that they are diabetic. Check their wallets for any such cards if in doubt.

Also, do not overlook the fact that a person may be under the influence of drugs rather than liquor.

If you believe that the person is drunk, NEVER ALLOW HIM TO GET BACK IN THE VEHICLE AND DRIVE. If it is necessary to drive the car, let someone else do it whose condition is not in question.

Be sure to check the person of the accused as well as his vehicle for intoxicating beverages.

Once he is arrested you are responsible for his vehicle, and you should have it towed to a garage. If he gives his permission to a responsible person to drive the vehicle home for him, that will be satisfactory.

If the suspect is injured in any way, be sure to take him to the hospital for treatment and inspection.

All evidence should be placed in the officer's locker until after court proceedings in the case are concluded. Evidence will then be disposed of in accordance with department policy.

Not always necessary to arrest. Always remember that it is not necessary to arrest every person who has been drinking. Their condition must govern your actions. Do not make borderline arrests. If in doubt, suggest coffee and food, or obtain for him other means of transportation home. Avoid taking anyone home in the police car call a cab.

An officer will not be criticized for giving a person a break, but he is subject to criticism when the condition of the person requires an arrest and one is not made.

§ 23-7.11 Investigation of Prowler Complaints.

[Res. No. 84-200, S7.11]

Prowlers reports. Prowler reports are very common, and few situations frighten a person as does the sudden discovery that someone is prowling in his yard or peering in a window. The motive for the person's presence is unknown, and there is no means of knowing what type of suspect might be encountered. He might be a burglar, a caser, a peeping-tom, a drunk, a jealous suitor, or an ex-husband. In some cases it may be a mistaken address, malicious mischief, or a neighborhood boy taking a short-cut through the backyard. However, always remember that the complainant is very concerned, and to them it is usually a very serious matter.

Receiving a prowler call. Upon receiving a prowler call, proceed to the scene as quickly as possible, but also as safely as possible. Use your light if necessary, but DO NOT USE SIREN. When you begin to approach the scene, reduce the speed of the patrol car considerably, and be sure you do not overshoot the address. In turning corners near the scene, drive slowly to prevent tire squeal. If it is necessary to check house numbers with a light, use your flashlight and shine it on residences on the opposite side of the prowler call address.

Plan before arriving. If several officers are responding to the same call, they should plan their actions before arriving at the scene. They should know which side of the house each man will search or watch. Also, it must be decided which officer will talk to the occupants. This will usually be the officer whose post the incident has occurred, unless directed otherwise by competent authority. It is necessary to make a quick and complete search.

Keep noise to minimum. Usually a prowler will be alert for arrival of the police. If possible, when you are close to the scene, the driver should turn off the car lights and coast to a stop within a block or a few doors of the call. Try to keep all car noise to a minimum. Do not slam the door, use hand brake to stop the car so that brake stoplights do not flash to warn prowler, and prevent rattling your keys and other equipment.

First officer to arrive. The first officer to arrive should make a quick search of the premises and area. If two (2) officers are assigned, divide the area. Always know the approximate location of fellow officers. If the exact whereabouts or location of the prowler is unknown, one officer should search the side of the house and move to the rear. The other officer should take a position to observe the opposite side of the house, as well as the front and street.

Use flashlight. Use your flashlight in searching, and hold it away from in front of your body. Avoid lighted backgrounds, keep low when passing windows, do not make yourself a target. When contacting the occupants, obtain information regarding description, actions, or movements of the suspect.

While at scene. While at the scene, check the windows and screens of the house for holes and tool marks, check for fresh smudges on sills, examine the ground below windows for footprints, search vegetation to include branches of trees, shrubbery, and hedges for signs of disturbance.

Scrutinize persons in vicinity. Check in and under cars parked in the vicinity of the scene. Interrogate any vehicles with warm motors. Also suspicious would be any vehicles registered at an address outside the neighborhood. It may be prudent in some cases to put under surveillance a suspected vehicle if an advantageous position can be found to part the police car.

If suspect is not apprehended. If the suspect is not apprehended, advise the complainant that if he should return, to keep the house lights out, telephone the police, and wait quietly in the house until the officers arrive.

Give the victim assurance of police interest and that the search for the suspect will continue. Check back with the complainant in two (2) or three (3) days, if your particular working hours make this possible.

The majority of the prowler calls will result in not finding a prowler or any evidence of one. You must remember that the person calling in is usually very afraid, and even though the complaint is obviously unfounded to you, do not ridicule or "talk down to" the victim.

If suspect is apprehended. If the suspect is apprehended, a careful inspection should be made of his face, hands, and clothing. Scratches and splinters on hands and face might indicate he has been climbing fences or going through hedges. Shoes and clothes may be wet or muddy. Check him for heavy breathing, which may indicate that he has been running. Have the complainant make an identification and determine of the complainant will sign a complaint.

Reporting procedures. Reports will be completed on all prowler calls where the victim or a witness has actually seen what they believe to be a prowler, or whenever any physical evidence is found which indicates that there was a prowler or someone trespassing on the premises.

§ 23-7.12 Roadblock Operations.

[Res. No. 84-200, S7.12]

Provide standardized guidelines. The procedures outlined in this subsection are intended to provide standardized guidelines for the implementation of roadblocks. These guidelines will be followed whenever an attempt is made to accomplish a vehicle stop using roadblock tactics.

Initiation. All vehicle stops must be initiated by the tour commander.

Verify alarm. Before an attempt is made to stop a vehicle, the complainant, informer or witness must be present or the alarm verified, by contacting the issuing agency (if not initiated from this department), either by teletype or by telephone. If the verification is made by telephone, the tour commander will record the following information:

The name of the agency issuing the alarm;

The name of the officer of that agency verifying the alarm, and his shield number;

The time and date the alarm was issued;

A full description of the vehicle and its occupants;

A brief description of the reason the alarm was issued.

Attempting a vehicle stop.

Civilian personnel will not be utilized when attempting to make a vehicle stop.

The officer(s) attempting to make the vehicle stop will park their vehicles to the side of the roadway with the emergency lights flashing, out of the lanes of moving traffic.

The attempt to stop the vehicle will be made through the use of and whistle signals.

The officer(s) must select a safe location from which to attempt the stop, neither officer being in a position in which they could be struck by the vehicle they are attempting to stop.

Pursuit of fail-to-stop vehicle. In the event of a fail-to-stop, pursuit may be attempted if the tour commander decides it is required. If the tour commander should decide to initiate a pursuit, the officer(s) engaged in the pursuit must be conscious of the safety of the general public, the pursuit will cease.

Termination of vehicle stop. The tour commander will decide when to terminate a vehicle stop attempt or pursuit.

§ 23-7.13 Use of Firearms and Deadly Physical Force.

[Res. No. 84-200, S7.13]

Definitions.

Deadly physical force. Physical force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury. The use of a firearm always constitutes deadly physical force.

Offense. Conduct for which a sentence to a term of imprisonment or to a fine is provided pursuant to the law.

Removing firearms from holster. A firearm must never be removed from its holster unless its immediate use is permitted. The display or brandishing of revolver for the purpose of warning, intimidation, or engaging in horseplay constitutes usage and IS PROHIBITED.

Justified use of firearm. A police officer is justified in using his firearm or other deadly physical force only when, and to the extent, such is necessary to affect or arrest or prevent the escape from custody of a person who has committed an offense, when the police officer knows that:

The use of deadly physical force is necessary to defend himself or a third person form the use or imminent use of deadly physical force; or

The use of deadly physical force is necessary to terminate the commission of arson or the burglary of a dwelling or an occupied building; or

The person cannot be apprehended by any other means, and the offense committed by such person was:

A high misdemeanor involving the use or attempted use or threatened imminent use of physical force; or

A high misdemeanor, New Jersey Code of Criminal Justice, as Title 2C, Chapter 3, and in the course of resisting arrest, or attempting to escape from custody, such person is armed with a firearm or other deadly weapon.

Specific restrictions on use of firearm.

Reckless or negligent conduct. An officer may not use his firearm if its use would in any way unjustifiably endanger innocent persons whom he is not seeking to arrest or retain in custody. If in using his firearm an officer consciously disregards or fails to perceive a substantial and unjustifiable risk of injury to innocent persons, he may be held liable for the consequences of reckless conduct or criminal negligence. Care and good judgment must be exercised in all instances involving the discharge of firearms.

Warning shots. The use of warning shots is not permitted.

Discharging a firearm from or at a moving vehicle. Discharging a firearm from or at a moving vehicle is prohibited unless the occupants of the other vehicle are using deadly physical force against the officer or another, by means other than the vehicle.

Fleeing persons. Suspicion that a fleeing person had committed a type of high misdemeanor which would permit a police officer to use deadly physical force is never sufficient cause for the use of firearms in the course of apprehending him.

The officer must know the facts or circumstances exist which in law constitute such a high misdemeanor and that it was committed by the fleeing person.

A FIREARM MUST NOT BE USED IF THE FLEEING SUSPECT MAY BE APPREHENDED BY ANY OTHER MEANS.

Reporting use of firearms. A police officer shall immediately report to his superior officer each incident involving the discharge of firearms by himself, or by another person occurring in his presence, and shall submit a detailed written report to his superior officer with respect to each incident. Each individual case will be reviewed by the chief of police.

§ 23-7.14 Operating Techniques for Handcuffs.

[Res. No. 84-200, S7.15]

Use of handcuffs on violent prisoners. Handcuffs shall be used when a prisoner is violent, and to prevent him from doing harm to himself and others.

Use of necessary restraint. A member of the police force shall not use unnecessary restraint in the treatment of a prisoner, and shall not handcuff a person when, due to the nature of the offense, he has no reason to fear an assault or attempted escape.

Test key. Before applying the handcuffs, the key will be tested to assure that it will unlock the handcuffs.

Applying handcuffs. Handcuffs may be applied before or after the frisk of a prisoner, but it is recommended that they be applied to the frisk of the prisoners. Handcuffing, at the earliest opportunity, is the best method of controlling a prisoner and they should be applied as soon as possible.

Possession of handcuff keys.

The arresting officer will retain possession of the keys until proper disposition of the prisoner has been made and the handcuffs removed.

Prisoners must have no opportunity given to them to secure possession of the keys for handcuffs.

Transporting prisoner. When transporting a prisoner from one location to another, the prisoner will be handcuffed to prevent escape. Two methods of handcuffing a prisoner may be utilized:

When transporting a prisoner a considerable distance, the shackles of the handcuffs may be applied to the front, through the prisoner's belt. The prisoner's belt buckle is moved to the back of the prisoner to prevent his opening of the belt. This method will allow the prisoner to smoke or relive himself when necessary without the handcuffs being removed.

In all other instances where handcuffs are being utilized, they must be applied with the prisoner's hands shackled behind him. Where possible, the handcuffs may be applied through the prisoner's belt.

Handcuffing prisoner to object. If for any reason it is necessary to leave a prisoner unattended, he shall be handcuffed to a solid, stationary object to prevent escape.

Prisoners shall never be shackled to seats or other parts of moving automobiles, patrol wagons, or other vehicles.

The arresting/transporting/escorting officer will never handcuff himself to a prisoner.

Responsibility for prisoner. Responsibility for the safeguarding of a prisoner in the officer's custody does not end when the officer reaches police headquarters. Until the prisoner is searched, booked, and lodged, he is still the officer's responsibility and in his custody, and the fact that there is a delay in the booking procedure, necessitating a substantial wait, does not alleviate that responsibility, unless the officer is relieved of the responsibility and custody of the prisoner by the tour commander.

Searching prisoner. The prisoner will be thoroughly searched at police headquarters prior to being placed in the cell area and/or begin transported to the county jail. Female prisoners will only be searched by another female. The arresting officer must search the female's coat, handbag, or other belongings she may have in her possession, and carefully OBSERVE her clothing and person for possible weapons.

§ 23-7.15 Transporting Prisoners.

[Res. No. 84-200, S7.15]

Transport in police vehicles. Prisoners, whenever possible, shall be transported in police vehicles. These vehicles are designed to provide maximum security against escape while the prisoner is in transit. However, the officer shall keep the prisoner under observation at all times while in transit, and the prisoner will always be handcuffed.

When transporting prisoners by car, two (2) officers should be in the car. If the vehicle is equipped with a bodyguard safety shield, the prisoner(s) will be seated in the back, with both officers in the front. If the vehicle is not equipped with a bodyguard safety shield, prisoner(s) shall be transported as follows:

If there is one (1) prisoner, he shall be seated in the rear on the right side, with one (1) officer in the rear seated behind the operator.

If there are two (2) or more prisoners, they shall all be seated in the rear, with both officers in the front. The officer not driving the car shall face the rear and constantly observe the prisoners.

Transport to hospital in ambulance. If the prisoner is being transported to a hospital by ambulance, the officer shall ride in the body of the ambulance keeping always alert for possibility of escape. The prisoners will always be restrained. The officer's service revolver will be unloaded if the prisoner is mentally unbalanced.

§ 23-7.16 Injured Prisoners.

[Res. No. 84-200, S7.17]

Procedures for injured prisoners. In order to protect both the officer and this department, the procedures in this subsection will be adhered to in all instances where: (1) a person is injured while being arrested; (2) a person is injured while being held in custody; or (3) a person is arrested and is found to have injuries suffered prior to the time of arrest.

Injured while being arrested or in custody. If the prisoner is injured while being arrested or while in custody, a superior officer should immediately be informed of the incident and of the circumstances pertaining to the prisoner's injury.

If any such instances of injury, the arresting officer (or the officer first learning of the injury, in case of injury while in custody) should arrange for immediate medical examination and medical treatment.

All officers concerned should prepare and submit reports as to the complete circumstances of the incident. If the prisoner was injured by an officer in self defense, this should be clearly indicated; the prisoner should be charged with assault in all instances where an officer is assaulted.

Signed statements should be obtained from any witnesses other than the officers concerned.

Injured prior to arrest. Where a person arrested is found to have injuries suffered prior to arrest, the arresting officer should take necessary steps to substantiate that fact, including taking a signed statement from the arrested person, detailing all the facts and conducting such further investigation as is necessary. Medical examination and attention should be promptly obtained as necessary.

Hospitalization of prisoners. When an arrest is effected and the prisoner requires hospitalization, the following procedure will be followed:

The prisoner will be transported to the nearest hospital via ambulance or, with the permission of the tour commander, via police vehicle.

Male prisoners will be searched in the presence of hospital personnel. A female member of the hospital personnel will search female prisoners.

The escorting/guarding officer shall give the hospital authorities a receipt for the following property:

Unlawfully carried.

Required as evidence.

Dangerous to life or property.

Would facilitate escape.

Itemized list of personal property, except clothing, which is retained by the hospital.

All information necessary to process the arrest will be entered in the escorting/guarding officer's memorandum book.

The guarding/escorting officer will:

Prevent escape of prisoner.

Not remove handcuffs from prisoner while in the hospital, unless requested by the attending doctor.

If asked to leave the treatment room for extraordinary medical reasons by the attending doctor:

Handcuff the prisoner if it does not prevent proper medical treatment.

Request all escape routes be sealed, or the prisoner removed to a secured room or area.

Stand immediately outside the treatment room and maintain visual contact, if possible.

Notify tour commander and request transportation to headquarters when the prisoner is treated and released.

Notify the tour commander if the prisoner is admitted to the hospital.

Guarding of hospital prisoner.

The tour commander shall:

Make necessary arrangements to have the guarding officer, if he is the arresting officer, relieved so he will be available to process the arrest.

Notify the police department headquarters in which hospital of detention is located.

Contact the administrator of the hospital and:

Determine how long the prisoner will be confined.

Request permission to take prisoner's photograph and fingerprints and conduct a bedside arraignment.

If permission to conduct a bedside arraignment is denied due to the prisoner's physical condition, ascertain an approximate date when the prisoner can be arraigned.

Notify the parents or guardian of the impending release of the prisoner, if the prisoner is under eighteen (18) years of age.

The officer guarding the prisoner shall:

Be alert to prevent escape.

Prevent unauthorized articles from being passed to the prisoner.

Permit only the following persons, on official business, to interview the prisoner.

Authorized members of this department.

Authorized members of other law enforcement agencies.

Clergyman.

(4)

Hospital personnel.

Allow the following visit the prisoner:

Recipient of telegram from hospital authority with notification that prisoner is seriously ill.

Lawyer - if requested by prisoner.

Member of prisoner's family, after permission is granted by the chief of police or his designee on official letterhead. Member of family includes: Spouse, children sixteen (16) or over, parents, brothers and/or sisters.

Enter in officer's memorandum book and the prisoner's cell log ledger, information concerning the name, address, and title of each visitor.

Deliver transcript and rap sheet to relieving officer.

Prepare bedside arraignment worksheet.

Notify the commanding officer when fingerprints have been taken.

Ask prisoner if he wants legal aid or an interpreter.

§ 23-7.17 Court Appearance of Prisoner.

[Res. No. 84-200, S7.18]

Prisoners arraigned in court are usually not restrained, unless the judge orders otherwise. During the court appearance of the prisoner, the officer should be constantly observant of his prisoner and, if possible, station himself between the prisoner and the exit escape.

§ 23-8 COURT AND OFFICIAL APPEARANCES.

§ 23-8.1 Official Appearances.

[Res. No. 84-200, S8.1]

Purposes and procedures. This chapter outlines the procedures for court and other official appearances required by members of the force, and has two (2) purposes:

To reduce the number of instances in which members of the force are directed to officially appear before courts, governmental and other agencies, during their off duty time.

Establish the appearance and conduct of members of the force, when officially appearing before courts, governmental and other agencies.

Definition of court. For the purpose of the remainder of this chapter, whenever the word court is used, it shall mean not only traffic, criminal, civil, and other courts, but shall also mean any official government agency hearings.

Wearing of uniforms.

All uniformed members of the force, when appearing as a witness or complainant in any court, will be attired in the uniform of the day, unless permission has been received from the chief of police or his designee.

When appearing in civilian attire, he shall be in business dress and shall wear his shield on his outermost garment over the left breast, while in the courtroom, complaint office, and whenever he is escorting a prisoner.

Initial court appearance for the purpose of arraignment of a prisoner will be in the dress in which the arrest was made.

Initial appearance.

Initial court appearance for arraignment is primarily controlled by the time and day of the arrest.

Initial court appearance where advance notice is given will be scheduled on a working tour whenever possible.

Re-appearances.

Any member of the force who is requested by a court to select a date for re-appearance, will select a date on which he is working on scheduled tour of duty which coincides with the hours that the court is in session. If this is not possible, the officer will select a date for re-appearance on which he is working any tour of duty.

When reporting back on duty from the initial or re-appearance, the officer will complete a court attendance form, indicating when applicable the new court appearance date.

If the court re-appearance is to take place on other than a scheduled tour of duty, the officer will note the reason for this assignment in the remarks section on the form. The reason will specify who set the date (e.g. judge, court clerk, etc.) and why.

Upon receipt of a court attendance form from an officer which indicates a rescheduled court appearance on a date and/or time other than a schedule tour of duty, the officer will be paid overtime.

Signing on and off duty for appearance. Members of this department must complete a court attendance form before going off duty from court appearance.

§ 23-8.2 Regulations and Conduct of Members of the Force in Court.

[Res. No. 84-200, S8.2]

Demeanor. The appearance and demeanor of a member of the force is constantly being observed by the court and jury, both while on the stand and while in the courtroom before and after testifying. His appearance, conduct and attitude should be such as to add to the dignity of the court.

Complaints. A member of the force shall give all the facts including names and addresses of witnesses to the prosecuting attorney assigned to the case, and before preparing complaints will, if possible, confer with said attorney.

Memorandum books.

When a police officer testifies as a witness in any criminal case, the defendant is entitled to have produced any written memorandum made by the officer concerning the matter about which he is testifying. Therefore, he shall be required to take his memorandum book, which contains the entries concerning the matter in which he is to testify, to court. He should confer with the prosecuting attorney before the trial and show him the memorandum book and any other written memoranda concerned.

Listed below are examples of the type of information, relative to an arrest, that should be entered in the memorandum book by the officer concerned without delay, while the details of the case are still fresh in his mind and the complainants and witnesses are still available to supply information.

The defendant's name and address.

The complainant's name and address.

The names and addresses of witnesses.

Time and place of occurrence.

The acts of the defendant which resulted in the arrest.

The specific charge or charges.

Description of the weapon or weapons involved.

A full description of personal injuries or property damage.

Supervision of members of the force in court.

The chief of police shall be assigned as the liaison between his department and the Bogota Municipal Court, and shall make, or designate a superior to make, personal spot checks in the court to ascertain if all regulations and conduct of members of this department in court are being complied with.

When any violations are observed, the superior will submit his report to the chief of police with his findings and recommendations.

Instances of discrepancy or reduced charge. In instances where a discrepancy is noted or where a charge has been reduced or dismissed, the chief of police shall cause, or designate a superior to cause, an investigation to be thoroughly conducted concerning the matter.

§ 23-8.3 Other Responsibilities.

[Res. No. 84-200, S8.3]

Notifying courts. A serious problem is created when a member of the force is schedule to appear in court and cannot do so. This is aggravated when the courts are not notified. To minimize this problem, the regulations of this section will be adhered to.

Court appearance log. The court officer will maintain a court appearance log which will be checked for conflicts when assigning men compensatory time, vacations, and overtime. This log must be checked every day covering the next five (5) days to pick up anyone who is unable to appear and may have failed to notify the staff captain. In cases of conflict, court appearance must come first.

Conflicts. Members of the force having schedule appearances in different courts at the same time must immediately notify the staff captain so that the conflict can be resolved.

Notification to courts. Members of the force calling in sick, out sick, on vacation or excused time or otherwise unable to appear at a scheduled court appearance, must advise the court officer of this fact so that proper notification can be promptly made and an adjournment date requested until the probable date of the officer's ability to appear.

Appeals. When official notification is received of a pending appeal case by any member of the force, it will immediately be brought to the attention of the court officer.

Extended absence. When the court officer is notified by a court of a "Not Guilty" plea involving a member of the force who is on extended absence, the staff captain will:

Inform the clerk of the court that the officer is on extended absence.

Set up a folder listing the name of the officer and the "Not Guilty" plea case.

Upon return from the extended absence, the court clerk of the concerned court will be advised and a date then scheduled for the appearance.

If a notification for a traffic court appearance is received for a member who has resigned, retired, or is suspended, an immediate notification of this fact shall be made to the court.

§ 23-9 PERSONNEL REGULATIONS AND RULES OF CONDUCT.

§ 23-9.1 Personnel Regulations.

[Res. No. 84-200, S9.1]

General qualifications of policemen. As provided by State statute and ordinance of the Borough of Bogota.

Oath of office. All new police officers and civilian employees, before their assignment to duty and prior to their promotion to higher ranks, shall be required to take an oath of office as follows:

"I (name of police officer or employee), do solemnly swear I will support the Constitution of the United States and the Constitution of the State of New Jersey, and that I will faithfully discharge the duties of (state rank or position) of the Borough of Bogota according to the best of my ability. So help me God."

Driver's license. Members and employees operating department motor vehicles shall possess a valid New Jersey driver's license. Whenever a driver's license is revoked, suspended or lost he shall immediately notify his commanding officer, giving full particulars.

Hours of duty.

Members of the department shall have scheduled hours assigned to them for active duty, and when not so employed they shall be considered off duty. They shall, however, be subject to duty as needed.

The fact that they may technically be off duty shall not be held as relieving members form the responsibility of taking proper police action on any matter coming to their attention at any time.

§ 23-9.2 Days Off; Vacations.

[Res. No. 84-200, S9.2]

Days off. Members and employees are entitled to days off which are to be taken according to a posted schedule.

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 need be taken.

Absence from duty for five days continuously. Except as otherwise provided by law, any permanent member or officer of such police department and force who shall be absent from duty without just cause or leave of absence for continuous period of five (5) days, shall cease to be a member of such police department and force. (SOURCE: N.J.S.A. 40A:14-122).

Selection of vacation. Annual vacation periods shall be selected according to seniority within the individual ranks.

Vacation scheduling. Vacation schedules shall be arranged by the chief with regard to the requirements in the branches of service under their commands.

Vacation address. A report of a vacation address is not required form a member or employee whose vacation application has been approved.

Split vacation. Split vacation periods may be granted to any member or employee of the department, providing permission has been obtained from the chief of police. However, once vacation periods have been selected, they shall be completed without interruption unless it becomes necessary, by reason of emergency, to suspend them.

Exchanging of vacation or of days off. When mutually agreeable, any two (2) members or any two (2) employees may exchange their vacation periods or days off, but may do so only with the approval of the chief of police.

§ 23-9.3 Sickness and Injury Leave.

[Res. No. 84-200, S9.3]

Reporting sick or injured. Members and employees unable to report for duty because of sickness or injury shall make an immediate report to their commanding officer in person or by telephone. If unable to report, a relative or other responsible person shall notify the commanding officer of all pertinent facts, either in person or by telephone.

Address of confinement. Members and employees, when sick or injured, shall be responsible for notifying their chief as to their places of confinement or of any subsequent change in their places of confinement.

Sick or injured on duty. Members taken sick or injured on duty shall report the facts to their commanding officer, and shall remain on duty until relieved, unless excused by a superior officer. The only exception to this rule would be where sickness or injury is disabling to the point of preventing compliance.

Unauthorized absence. Members or employees who absent themselves in an improper manner shall be subject to disciplinary action being preferred against them.

Unauthorized absence occurs when members or employees:

Are not at home or who are not at their place of confinement while on sick leave and not reported as such to the chief of police.

Feign illness or injury.

Deceive the department surgeon in any way as to their true condition.

Are injured or become sick as the result of improper conduct or of intemperate, immoral, or vicious habits or practices.

Violate any provisions concerning the reporting of sickness or injury.

§ 23-9.4 Military Leave of Absence.

[Res. No. 84-200, S9.4]

Military leave reserve. A member or employee who is a member of the Organized Reserve of the Army of the United States, Untied States Marine Corps Reserve, or other affiliated organizations, shall be entitled to leave of absence from duty without loss of pay or time on all days during which he shall be engaged in field training. Such leave of absence shall be in addition to the regular vacation allowed such member or employee. (SOURCE: N.J.S.A. 38:23-1).

Enlistment or reenlistment in national or state military organization. Members and employees of the department shall not enlist, reenlist, or accept a commission in any Federal or State military organization without having made prior notification to the chief of police.

Field training leave. Members or employees going on military leave for field training must notify the commanding officer at least thirty (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 (5) days prior to the date they are to report for duty.

§ 23-9.5 Death and Injury Notifications.

[Res. No. 84-200, S9.5]

Death or serious injury. When a member is killed or seriously injured on or off duty, his immediate supervisor will, as soon as possible, verbally notify the chief of police or the officer acting in the chief's absence. This will be followed by a written report no later than the following workday. 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.

Death of member or employee. Any member or employee receiving notice of the death of any member or employee 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.

Nonserious injury. In cases where injuries are other than of a serous nature, a written report will be submitted on the first workday following the incident, including all information required above. These reports are in addition to those accident and sick reports otherwise required.

Notification of family. The family of a member or employee killed or seriously injured on duty shall be notified immediately by the highest ranking member available.

§ 23-9.6 Surrender of Department Property.

[Res. No. 84-200, S9.6]

Extended military leave. Before reporting for extended military service, police officers of the department shall surrender all department property held by them to their commanding officers.

Upon separation from department. Members and employees are required to surrender all department property in their possession upon separation from the service. For failure to return a nonexpendable item, the person concerned will be required to reimburse the department for the fair market value of the article.

Under suspension. Any member under suspension shall immediately surrender his badge and all other department property to his commanding officer, pending disposition of the case. Any employee under suspension shall immediately surrender all department or municipal property in his possession to the commanding officer or the civilian supervisor of the unit to which he is assigned, unless otherwise directed by the chief of police.

§ 23-9.7 Resignation.

[Res. No. 84-200, S9.7]

Resignation to be in writing. All resignations of members or employees must be in writing and bear the signature of the person resigning. Members or employees shall provide the chief of police not less than five (5) days written notice.

Resignation prohibited while charges pending. Members or employees are prohibited from resigning while charges are pending against them.

§ 23-9.8 Retirement.

[Ord. #1352]

Once a police officer of any rank has elected to take his retirement and has begun to take his/her terminal leave regardless of whether the said officer has already taken any other retirement benefits, including, but not limited to, accumulated sick time, vacation time or personal days, then and in that event and after the said officer has begun taking terminal leave the said officer cannot change his/her mind and seek to return to active duty nor can he/she withdraw his/her application for retirement.

§ 23-9.9 Checklist for Suggested Rules of Conduct.

[Res. No. 84-200, S9.9]

Suggesting improvements. Officers are encouraged to submit their suggestions for general improvements such as cutting of costs, creating greater efficiency of operation or creating better police protection for the Borough of Bogota. Such suggestions should be set in written form and delivered to the chief for consideration.

(Reserved)

Borough doctor. The borough may have a doctor examine upon returning to work, at the borough's expense, those officers who call in sick.

§ 23-9.10 Rules of Conduct.

[Res. No. 84-200, S9.10]

A member will be held responsible for any act or omission which in any way is prejudicial to good order or discipline, or reflects upon the good name or reputation of the Borough of Bogota or adversely affects its interest or those of the general public, whether or not such act or omission is specifically mentioned in these or other rules or regulations of the Bogota Police Department.

A member must promptly obey all lawful and proper orders and instructions, written or otherwise, however transmitted or received.

A member shall cooperate fully with all employees of the police department in the performance of their official duties.

A member shall be civil and respectful to officers of superior rank.

A member shall be dignified and courteous in his dealings with other members and all other employees of the Borough of Bogota.

A member in contact with the public shall conduct himself with dignity, courtesy, and efficiency.

A member shall not be absent from duty without official leave.

A member shall be punctual in reporting for duty and in maintaining assigned work schedules.

A member on duty will be properly uniformed and neat and clean in his personal appearance. This also applies to off-duty status, if the uniform is worn. The uniform hat may be left off while a member is operating a patrol car, but must be worn immediately upon leaving the vehicle.

(Reserved)

A member shall not engage in gambling in any form while on duty.

A member, while on duty, shall not engage in any normally legitimate act, which, when performed on duty and in view of the public, may reflect discredit upon the department.

A member under color of office shall not solicit rides, services, or anything of value from anyone.

A member shall not accept awards, gratuities, or any article of value as payment for favors or services rendered in connection with his official duties.

A member shall not make unauthorized purchase from drivers or occupants of vehicles.

A member under color of office shall not attempt to sell or exchange anything.

A member shall be honest, truthful, and accurate.

A member shall treat as confidential all official police business and operation. They shall not discuss these matters with anyone outside the department without permission from a superior officer.

Officers shall consider all department documents and all special orders confidential unless ordered otherwise by the duty manual or a superior officer. This rule does not apply to special orders that are of such nature that they must be communicated to others.

A member shall not attempt to gain preferential treatment through the aid of political influence or other improper means.

A member, except with the permission of the chief of police and/or his designee, shall not knowingly associate with or have any dealings with criminals, racketeers, gamblers, or persons engaged in unlawful activities.

A member shall not drink intoxicants while in uniform. Any member reporting for a regularly assigned tour of duty with the odor of intoxicants on his breath may be declared unfit for duty.

A member, while assigned to duty in civilian clothes, may use intoxicants if this is necessary in the performance of duty, but only with the provision that such does not render him unfit for proper and efficient performance of duty, and that permission is obtained from his superior officer.

A member shall not have intoxicants on departmental premises, except in the proper performance of police duty.

A member in uniform shall not enter any premises where intoxicants are sold or stored, except to eat a meal in a restaurant, or in the immediate performance of police duty.

A member shall not use habit-forming drugs unless prescribed by a physician.

A member shall never brandish a weapon, nor shall be remove his revolver from his holster other than in the proper performance of duty.

A member who is arrested or is notified to appear before any court or regulatory agency to answer a criminal charge for an act involving moral turpitude or a violation of these rules and regulations must immediately notify the chief of police, through the chain of command, (giving basic facts of the incident), or if unable to comply personally he shall have a responsible person make this immediate notification.

A member of the force who, under color of office, becomes involved while off duty in any situation which could or does result in either an arrest or an altercation, either verbal or physical, will immediately notify headquarters by telephone of the incident. He will then prepare and forward a report of the details of the incident to the chief for review.

When a member of the force becomes aware of information concerning illegal activity in another police agency's jurisdiction, he will promptly bring such information to the attention of the chief of police for forwarding to the proper authorities. If the information is a threat of imminent danger to life and property outside the officer's presence, the officer should promptly call the information to the attention of the responsible jurisdiction, then notify his chief.

A member shall use any and all Bogota Police Department property and equipment in a safe and efficient manner. All deficiencies must be immediately reported via proper channels.

Any member shall not undertake self-assigned investigations at any time. Self-assigned means action undertaken at the discretion of the member of the department, or action initiated by any member without request, direction, or by the instruction of a superior officer. All officers shall, within twenty-four (24) hours after beginning a self-assigned undercover investigation, notify their immediate superior officer of this action or activity in writing.

Officers shall not treat any person or animal cruelly, use excessive physical force, or neglect to take any necessary humane actions which the circumstances may require.

kk.

Accredited members of the press are entitled to information concerning police incidents and investigations. Officers will furnish them with facts concerning police incidents any further information that will not jeopardize the further investigation or prosecution of a case or the ultimate apprehension of suspects.

ll.

Officers shall not enter into official department correspondence with anyone or any agency outside the department except over the signature of the chief of police. Officers shall not make official department communications, by telephone or otherwise, outside of the borough without the permission of a superior officer.

mm.

Officers shall promptly obey all orders from superior officers, unless they are unlawful. Violations of this rule will be deemed insubordination.

nn.

Officers shall not solicit contributions, directly or indirectly, on any pretext, from any person or group for political purposes while on duty.

oo.

Officers shall not sue the powers or influence of their jobs for any political purposes.

pp.

Officers shall not actively participate in any partisan political campaigns or activities while on duty.

qq.

Officers may participate in non-partisan campaigns, elections, and political activities, subject to the provisions and restrictions in this manual.

rr.

While on duty, officers must avoid political or religious discussions with the public. They shall not make any statements in public at any time that may cause public reaction against the department or that may impair the efficient operations of the department.

ss.

Officers shall not chew gum in uniform when in public view.

tt.

Officers shall not lean on walls or cars while talking to persons.

uu.

(Reserved)

vv.

Officers shall return all equipment owned by the department or borough when they retire, resign, or otherwise leave the department, and they shall return any police equipment requested when ordered to do so because of a suspension or other temporary absence from duty.

ww.

The posting or circulation of any notices of a derogatory character, relating to any person, group, or police activity is prohibited.

§ 23-10 DISCIPLINARY REGULATIONS AND PROCEDURES.

§ 23-10.1 Complaints.

[Res. No. 84-200, S10.1; Ord. #976]

Any officer or member of the police department regardless of rank, shall be subject to appropriate disciplinary action according to the nature or aggravation of the offense, for:

Any violation of his oath and trust by the commission of an offense punishable under the laws or statutes of the United States, the State of New Jersey, or Borough Ordinances;

Violations of any provisions of the rules and regulations or procedures of the police department;

Disobedience of any lawful order, command, or instruction or disrespect of superior officer;

Conviction of any criminal violation of any law, statute, or ordinance;

Failure, either willfully or through negligence or incompetence, to perform the duties of their rank or assignment;

Incapacity, either mental or physical, or gross ignorance of the laws, rules, regulations and orders of the department;

Conduct unbecoming an officer;

Other violations or misconduct, including, but not limited to, the following:

Intoxication while on duty;

Sleeping while on duty;

Absence from post, unless properly relieved;

Public immorality, indecency or lewdness;

Frequenting, except on police business, any gambling house or house of ill fame or visiting while in uniform or on duty, any tavern or liquor store, except on police business;

Making known any proposed action or movement of the police department, or contents of any order, other than persons immediately concerned in their execution;

Conduct subversive to good order and discipline of the department;

Accepting a bribe or favor as a consideration either for the performance or non-performance of his duty;

Failure to report for duty and continue work and work shifts as assigned;

(j)

Failure to report a known violation of the law of New Jersey or Ordinance of the Borough;

(k)

Abuse of police vehicles and other equipment;

(l)

Discourtesy or use of profane language or disorderly conduct while on duty;

(m)

Maltreatment of a prisoner, citizen or other person while on duty.

In all cases, disciplinary action will be decided on the merits of each case.

§ 23-10.2 Penalties.

[Res. No. 84-200, S10.1; Ord. #976]

The following penalties may be assessed against any member or employee of the department as disciplinary action:

Oral reprimand;

Written reprimand;

Voluntary surrender of time off in lieu of other action;

Voluntary surrender of accumulated overtime in lieu of other action;

Suspension;

Demotion;

Removal from the service.

(Reserved)

Authority to discipline. Within the limitations set forth in N.J.S.A. 40A:14-147 to 151 inclusive and borough ordinances, the department disciplinary authority and responsibility rests with the chief of police. Except for oral reprimands and emergency suspensions, all departmental discipline must be taken or approved by the chief of police, except as hereinafter provided.

Other supervisory personnel may take the following disciplinary actions or measures:

Oral reprimand.

Written reprimand (subject to approval by the chief of police).

Emergency suspension.

Written recommendations for other penalties.

Complaints against another member. Any member of the department who shall have any complaint against any other member of the department shall submit such complaint, in writing, to the chief of police, who shall then attempt to remedy or correct the complaint, if justified.

Complaints against superiors. Complaints against superior officers shall be made by members of the department in writing direct to the chief of police, submitting with the complaint all supporting facts and circumstances.

Complaints against the chief of police. In the event that any member of the department has any grievance or complaint against the chief of police with respect to the performance of his duties, he shall advise the chief in writing of his complaint. The chief shall then investigate the complaint, and if possible, arbitrate the matter with the member. In the event that the member of the department is dissatisfied with the decision of the chief, he shall then appeal within five (5) days to the board of police commissioners, submitting all supporting facts and circumstances with the complaint. The commission shall then investigate the complaint and make a final decision with respect thereto, and advise the chief and the complainant, in writing, of its conclusion.

§ 23-10.3 Citizen's Complaints.

[Res. No. 84-200, 510.2; Ord. #976]

Matters of serious concern. Citizen's complaints relating to individual members of the department or to departmental procedures are matters of serious concern, and require immediate investigation. In justice to all concerned, it is essential that these complaints be processed in a courteous and objective manner.

Classification and responsibility. Complaints fall into one of the two (2) following groups:

Group A: Complaints related to the conduct of individual police personnel. Complaints in this group are the responsibility of the police department, and shall be processed in accordance with departmental disciplinary procedures.

Group B: Complaints related to departmental policies and/or procedures. Complaints in this group are the responsibility of the chief of police, with matters of major importance being referred by the chief to the police committee and/or the mayor and council.

Civilian incident report. All complaints, regardless of the manner received, will be documented by the receiving officer.

The civilian incident report is to be completed by the person(s) submitting the complaint.

Distribution of the civilian incident report shall be as follows:

Chief of police: original and one copy.

Complainant: One copy.

Complaints will be promptly processed. Final response to, or acknowledgement of, the receipt of a civilian complaint must be accomplished within five (5) days of its receipt by the receiving officer.

Transmittal of complaints. When transmitting a complaint to the chief of police, the officer who is forwarding the complaint will indicate whether or not an acknowledgement, with a request to complete the civilian incident report, has been sent to the complainant.

Processing complaints - Group A:

Oral Complaints:

Where practical, when a complaint is made in person, it will be referred to a superior officer. The complainant will be assured that the matter will be investigated, and will be requested to complete a report form. Upon request, the complainant may have such superior officer's assistance in preparing the form as may be necessary. If the complainant is given assistance, he or the person assisting, shall include under "Details of Complaint" a brief statement why the assistance was given. The representatives of a complaint, any person assisting and the complainant shall sign the form. They complaint must be signed and the officer has the right to know the name of the accuser. If the complainant refused to fill out the form or to sign the completed form, the superior officer accepting the complaint shall so state in his report. If the accusing party refuses to identify himself or sign such a complaint, then no accusations are to be made in this incident.

A complaint received by telephone shall be reduced to memorandum form, and the civilian incident report shall be sent to the complainant to be completed and returned, at which time it will be transmitted to the chief of police as soon as possible.

Written complaints.

Upon receipt of a written complaint, a superior officer will make out a civilian incident report, attach the original letter to the original copy of the report and distribute the report.

Upon receipt of the complaint the chief of police will designate a superior/commanding officer to investigate the report.

In those cases where the complainant is personally contacted by the investigating officer, he will be requested to verify the incident report and obtain a signature on same. If the complainant cannot be contacted personally, a letter of acknowledgement shall be sent, stating that the complaint was received and will be/is being investigated.

Clearance.

Upon completion of an investigation, the responsible person will submit to the chief of police a final memorandum containing his findings. When appropriate, the chief of police will convene the Board of Inquiry and Recommendation according to disciplinary procedures.

In incidents which do not require the convening of the Board of Inquiry and Recommendation, a copy of the incident, with all reports and findings, will be filed in the subject officer's permanent file, and a copy also supplied to the subject officer (with an opportunity for rebuttal prior to insertion into his file).

The complainant will be notified, whether in writing or by telephone, of the final decision relating to his complaint.

(Reserved)

(Reserved)

Processing complaints Group B. When a commanding officer receives a complaint classified in Group B, he will immediately notify the chief of police of the complaint, and submit a written report of the incident.

Refusal to prepare or sign civilian incident report. In those cases where a complainant refuses to identify himself or declines to prepare, sign, or return the incident report, the facts will be accurately reported by memorandum. Appropriate comments will be recorded by the commanding officer and transmitted to the chief of police. Complaint must be signed and the officer is to be informed of complainants name or no charges are to be preferred.

Conduct of investigating officer(s). The investigating officer(s) shall adhere to the procedure outlined in disciplinary investigations, while conducting an investigation of a complaint that has been lodged against a member of the department. The rights of the officer will be explained to him, and a copy of the disciplinary procedure will be available for the officer's inspection.

§ 23-10.4 Incident Reports.

[Res. No. 84-200, S10.3; Ord. #976]

Purpose of incident reports. The purpose of the incident report is to standardize procedures for reporting noteworthy or derogatory acts or omissions on the part of police personnel. It will be used in the following circumstances:

To report acts of a commendable nature.

To report acts or omissions which do not conform to the Bogota Police Department rules, regulations, instructions, or procedure, or are otherwise of a derogatory nature.

Processing incident reports. The incident report will be processed as follows:

The police superior officer who becomes aware of an incident involving a subordinate, which he considers worthy of recording, completes the upper section of the incident report and forwards it to the commanding officer. Commanding officers refer the reports to the chief of police or his designee.

As soon as possible, the commanding officer reviews the report and interviews the subject officer, and on the basis of the information at hand, he then decides what further action should be taken. In the case of a derogatory incident report, the commanding officer has four (4) courses of action open to him:

He may, on the basis of his findings, exclude the incident report and file same separately.

He may file the report, for his future information, without further processing.

He may administer appropriate local discipline, noting on the incident report the action he has taken. In this case, the subject member of the force will sign the report to signify his knowledge of the contents of the report and that the circumstances are accurately reported. If the subject officer should wish to do so, he may write on the reverse of the form any explanation he may care to offer for having committed the reported act. Should the subject officer not agree that the report validly reflects that which occurred, the commanding officer must prepare a memorandum of complaint.

The commanding officer may decide that the reported derogatory incident is too serious to be handled locally, in which case he will prepare a memorandum of complaint.

If local discipline is administered, after the subject officer has affixed his signature, the report is forwarded to the chief of police or his designee, who reviews and signs the report and forwards it for inclusion in the subject officer's personnel folder.

If the incident is commendatory, the report is forwarded to the chief of police or his designee, who reviews and signs the report and forwards it for inclusion in the subject officer's personnel folder.

Repeated infractions or commendations. It will be mandatory for the commanding officer to prepare a memorandum of complaint citing any member of the force who has been subject of three (3) derogatory incident reports, processed as local admonishments, within a twelve (12) month period. This complaint will charge repeated violation of rules and regulations, and will review the formal disciplinary record of the subject member of the force, as well as the three (3) incidents which directly led to the preparation of the complaint.

A member of the force receiving three (3) commendatory incident reports will qualify to be considered for the police Meritorious Duty Medal.

Retention of reports. A derogatory incident report will no longer be considered effective twelve (12) months after the date of its preparation. However, it will be retained for an additional twelve (12) months for reference purposes. At the end of the twenty-four (24) month period, it will be removed from the personnel files and destroyed.

§ 23-10.5 Lateness Reports.

[Res. No. 84-200, S10.4; Ord. #976]

Purpose of lateness reports. The lateness report is to be used to report lateness in reporting for duty on the part of a member of the force.

Processing lateness reports. The lateness reports will be processed as follows:

When a member of the force reports late for duty, he shall be required to record his presence on his daily worksheet, the time he reported to duty properly uniformed and ready for duty. The above shall be verified by his tour commander.

He shall be interviewed by his immediate superior officer to ascertain the reason associated with his tardiness.

The superior officer who interviews the subject officer shall prepare a lateness report, recording all factual information at hand in the "Remark" section.

The subject officer shall sign his name on the bottom line to acknowledge his awareness of the report and that the circumstances are accurately reported. If the subject officer should wish to do so, he may write on the reverse side of the form any explanation he may care to offer for having reported late, provided the entry is not inconsistent with the facts reported on the back of the form.

The tour commander shall review the report and submit the same to the chief of police.

Should the subject officer not agree that the report is factual, he will not be required to sign it, and the matter will be referred to the commanding officer, who will review the case and determine the appropriate action.

Repeated lateness reports. It is discretionary on the part of the commanding officer, upon the receipt of two (2) or more lateness reports on the same subject member within a reasonable period of time, to direct that an incident report be prepared to report the repeated lateness, or if warranted, to prepare a memorandum of complaint.

§ 23-10.6 Hearing Pursuant to N.J.S.A. 40A:14-147 to 151.

[Ord. #976]

No permanent member or officer of the police department or force shall be removed from his office, employment or position for political reasons or for any cause other than incapacity, misconduct or disobedience of rules and regulations established for the government of the police department and force, nor shall such member or officer be suspended, removed, fined or reduced in rank from or in office, employment or position therein, except for just cause as hereinbefore provided and then only upon a written complaint setting forth the charge or charges against such member or officer. Said complaint shall be filed in the office of the chief of police but need not be signed by the chief of police, and a copy shall be served upon the member or officer so charged with notice of a designated hearing therein by the proper authorities, which shall not be less than ten (10) nor more than thirty (30) days from the date of service of the complaint. All complaints charging an infraction will be heard before the chief of police. All complaints charging a major violation will be heard by the mayor and council for the Borough of Bogota or their designees. (See below for a definition of violations).

§ 23-10.7 Disciplinary Procedure

[Res. No. 84-200, S10.5; Ord. #976]

Establishing disciplinary procedure. This subsection is established to set forth suitable procedures within the Bogota Police Department for the control and recording of discipline, and for the investigation and processing of complaints of violations of the published rules and regulations governing the actions of all members of the department.

Definitions of violations. Violations are divided into two (2) classes:

Infraction. An infraction is a violation of published rules and regulations, the penalty for which is determined and imposed by the chief of police, and does not involve:

A forfeiture of time off of more than five (5) days;

A suspension for more than five (5) days;

A voluntary surrender of accumulated overtime of more than five (5) days.

Major violations. Major violations are violations of published rules and regulations, the penalty for which may be:

Dismissal;

Suspension of more than five 5) days;

Forfeiture of time off of more than five (5) days;

Forfeiture of accumulated overtime of more than five (5) days;

Reassignment to a position having markedly different duties;

Reclassification to a position having a change in title without having a change in salary.

Misconduct observed by police personnel. Whenever any commanding 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 actions to the chief of police.

Infraction procedures. In cases of infraction of published rules and regulations, the superior making the complaint completes the incident report in duplicate. The original and duplicate are forwarded to the commanding officer, who investigates the report and indicates on the original and supplicate what action was taken locally. Both forms are then signed by the subject officer to acknowledge the validity of the report. The commanding officer then forwards the reports to the chief of police or his designated alternate for review, who then files the original in this office and forwards the duplicate for inclusion in the subject officer's file.

Major violations and repeated infractions. In the case of major violations or repeated infractions (three (3) in any twelve (12) month period), the chief of police:

Will conduct or cause to be conducted an investigation to determine the facts of the case.

Prepare a memorandum of complaint with recommendation as to penalty. The preparation and handling of the memorandum of complain will be confidential. The accused will not be advised of the recommendations. Distribution of the recommendations will be limited to the chief of police, the deputy chief of police, and the inspector.

Will prepare a notice to employee of pending charges in triplicate, affixing his signature in two (2) places as chief of police. The original and duplicate, together with the memorandum of complaint, will be retained by the chief of police. The third copy will be presented to the subject officer.

The subject officer will be served with a copy of the charges and specifications, together with a notice and time of hearing before the governing body not less than ten (10) days nor more than thirty (30) days before the trial, exclusive of Sundays and legal holidays. Complainants and witnesses will be notified to be present. Complainants and witnesses will be notified to be present. The service shall be made upon the accused as follows:

Personal delivery of charges and specifications, together with a notice of hearing.

If personal delivery cannot be made, then by leaving a copy of the charges, together with a notice of hearing, at his place of residence with some person over the age of fourteen (14) and by notifying such person orally, of the nature of the papers served.

If personal delivery cannot be made and the residence cannot be located, then by posting a copy of the charges, together with a notice of hearing conspicuously in the main office of the police headquarters, and by mailing a copy of the charges in a prepaid envelope to the last known post office address of the defendant not less than fifteen (15) days nor more than thirty (30) days before the time of trial, exclusively of Sundays and legal holidays.