A.
Policy. It is the policy of the Borough of Somerville and the Police
Department of the Borough of Somerville to enforce the laws of the
State of New Jersey and the laws and ordinances of the Borough of
Somerville in a manner consistent with the Constitutions of the United
States and the State of New Jersey. These laws shall be enforced in
a nondiscriminatory manner without showing or implication, in language
or conduct, of favoritism or antagonism. Toward this end, the Borough
of Somerville hereby adopts the following procedures whereby citizens
and others may present their grievances to appropriate personnel for
resolution.
B.
Citizen complaints.
(1)
Whenever an individual who has been involved in an incident with
police officers of the Borough of Somerville believes that he or she
has been the object of police misconduct, such individual may file
a written citizens' complaint with the Chief of Police of the
Borough of Somerville. Third-party complaints and complaints made
through organizations other than the Police Department are accepted.
This complaint shall include the name of the allegedly aggrieved citizen,
the name(s) of the police officer(s) involved and the time, place
and the circumstances involved in the incident. This complaint shall
also include an explanation of the conduct that is deemed to be wrongful.
The complaint shall be signed by the person making the charge.
(2)
Forms for citizens' complaints will be made readily available
at police headquarters. These written complaint forms must be submitted
in person to the office of the Chief of Police of the Somerville Police
Department.
C.
Initial conference with Chief of Police or designated representative.
The initial step in attempting to resolve the citizens' complaint
is a conference with the Chief of Police. As soon as possible after
a citizens' complaint is received, the office of the Chief of
Police will contact the complainant and schedule this conference.
This conference shall take place within five (5) business days following
the receipt of the citizens' complaint. The Chief of Police or
his designated representative may, if he deems it appropriate, arrange
an additional meeting between the complainant and the accused officer.
Within five (5) business days following the conference with the Chief
of Police, the complainant will be advised in writing of what action,
if any, will be taken in the case. As provided in N.J.S.A. 40A:14-147,
the Chief of Police may not remove, fire or reduce in rank the officer,
member or employee. No statements made by the officer or complainant
shall be admissible in formal complaint proceedings.
D.
Formal complaints pursuant to N.J.S.A. 40A:14-147.
(1)
The Chief of Police, at the time he advises the complainant of the
action, if any, which will be taken, shall advise the complainant
of his or her right to file a formal complaint with the Police Committee.
The Chief of Police shall provide the complainant with the necessary
form for formal complaint. This form shall include all information
required on the citizens' complaint form plus this statement
on the bottom of the sheet, as required in N.J.S.A. 40A:14-147:
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To: (Name of officer, employee or member)
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You are hereby advised that a formal hearing will be held by
the Borough Council of the Borough of Somerville at 25 West End Avenue
pursuant to N.J.S.A. 40A:14-147 and the ordinances, Code and resolutions
of the Borough of Somerville, on __________________, at _______________m.
You may be represented by an attorney.
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_________________________________________ Chairman, Police Committee
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(2)
The complainant may file the complaint:
(a)
Directly with the Chairman or Vice-Chairman of the Police Committee.
(b)
By certified mail, return receipt requested, upon the Chairman
of the Police Committee at 25 West End Avenue, Somerville, New Jersey.
(c)
With the Chief of Police or officer in charge, who shall cause
it to immediately be served upon the Chairman of the Police Committee
or, in his absence, the Vice-Chairman.
(3)
Upon receipt of the formal complaint, the Chairman or Vice-Chairman
shall complete the bottom portion of the complaint form and schedule
a date for a formal hearing, which date shall not be less than fifteen
(15) days nor more than thirty (30) days from service of the complaint
upon the officer or member charged. He shall, within not later than
forty-eight (48) hours, cause the complaint to be served upon the
officer, member or employee charged. He shall, in writing, promptly
notify the complainant of the date of the hearing and of his right
to be represented by an attorney.
E.
Investigation by the Police Committee. Not later than seven (7) days
before the date scheduled for the hearing, the Police Committee shall
report to the Mayor and Council, in writing, the results of its investigation
and such recommendations as to it shall seem right and just in view
of all circumstances. The Borough Attorney, or Special Borough Attorney
if appointed by the Borough Council, shall, in conjunction with the
Police Committee, prepare a bill of particulars listing specific violations
of rules and regulations or other acts of misconduct alleged. This
bill of particulars, to which the officer, member or employee shall
plead guilty or not guilty to each separate count, as well as the
Police Committee report, shall be served upon the accused officer,
employee or member, the complainant and their attorneys not later
than seven (7) days before the date scheduled for the hearing.
F.
Hearing before Borough Council.
(1)
The Borough of Somerville shall be represented by the Borough Attorney,
or Special Borough Attorney if designated by the Borough Council.
The complainant and police officer may be represented by an attorney
at this hearing, but such representation is not required. The accused
officer and complainant shall be present at this hearing and may be
questioned by the members and counsel. The complainant, the accused
police officer and representatives from the Police Department shall
have the right to call and examine witnesses, to introduce competent
evidence and to cross-examine opposing witnesses on matters relevant
to the issues. A written record of the hearing will be prepared which
will, at a minimum, set out a summary of all testimony and other evidence
presented in the case. The Borough Council may approve the conclusions
of the Police Committee or it may adopt conclusions of its own.
(2)
The Mayor and Council may, by resolution approved by a majority of
those present and voting, but in no event less than three (3) members,
reprimand, suspend, reduce in rank, fine, dismiss from the service
of the Borough of Somerville or otherwise reprimand the officer, member
or employee of the Police Department. It shall not so discipline an
officer, member or employee unless it is established by clear and
convincing evidence that the officer, member or employee so charged
is guilty of misconduct or disobedience of rules and regulations established
for the government of the Police Department. In the event that a majority
of those present and voting do not find such proof of misconduct or
disobedience, then the officer, member or employee shall be exonerated
and all charges dismissed.
G.
Appeal. Any officer, member or employee found guilty of misconduct
shall be immediately advised of his right to appeal to the Somerset
County Court as provided by N.J.S.A. 40A:14-150.
H.
Verbal complaints. Individuals who present oral complaints by telephone
or in person to police headquarters or to individual police officers
will be requested to obtain a written citizens' complaint form
and to return the form within twenty-four (24) hours to police headquarters.
These individuals will be advised of the correct procedures to be
followed under this citizen complaint procedure.
I.
Recordation of complaints in central register.
(1)
Promptly after the receipt of a complaint, the office of the Chief
of Police shall record the following information in a central register
which will be maintained at police headquarters:
(a)
The full name of the complainant.
(b)
The manner in which the complaint was received (i.e., written
complaint, oral complaint, personal appearance or letter).
(c)
Date of receipt of complaint.
(d)
Name of individual receiving original complaint.
(e)
Time and place of alleged incident giving rise to complaint.
(f)
Police officers accused and unit designation.
J.
Availability of citizen complaint forms and dissemination of information
concerning citizen complaint procedures. The Police Department shall
provide all members of the Somerville Police Department with copies
of this complaint procedure. The citizen complaint forms themselves
will be readily available at Police Department headquarters.
K.
Definition of "police misconduct." "Police misconduct," as this term
is used in this complaint procedure, will be deemed to mean the conduct
and/or speech of members of the Police Department of the Borough of
Somerville, acting in their official capacity, in their interactions
with citizens and other persons in the Borough of Somerville, which
violates the constitutional rights of such individuals or which violates
federal or state law, Borough ordinances or the rules and regulations
of the Somerville Police Department. "Police misconduct" is further
defined to include any conduct on the part of a police officer in
the line of duty which discriminates against any person(s) or organization(s)
on the basis of race, color, religion, sex or national origin.
L.
Chief of Police duties. There shall be a report from the Chief of
Police to Borough Council every three (3) months on the status of
all complaints received during said period.
