Township of Lakewood, NJ Police Department

The fees for regular off-duty or special assignments shall be a total of $101 per hour. $81 for each hour shall be paid to the officer assigned and $20 per hour shall be paid to the Township for administrative and management costs. There is a four hour minimum on all assignments. For each assignment, there shall also be an additional $100 vehicle fee per car utilized; vehicles are required for all jobs.

The fees for emergency off-duty assignments shall be a total of $116 per hour. $96 for each hour shall be paid to the officer assigned and $20 per hour shall be paid to the Township for administrative and management costs. There is a four hour minimum on all assignments. For each assignment, there shall also be an additional $100 vehicle fee per car utilized; vehicles are required for all jobs.

The fees for off-duty assignments for schools, houses of worship and other nonprofit entities shall be a total of $47 per hour. $40 for each hour shall be paid to the officer assigned and $7 per hour shall be paid to the Township for administrative and management costs. There is a four hour minimum on all assignments. For each assignment, there shall also be an additional $100 vehicle fee per car utilized; vehicles are required for all jobs. This fee schedule shall only apply to events held directly by a school, house of worship or other nonprofit entity. This fee schedule shall not apply to private events held at facilities owned by such school, house of worship or other nonprofit entity, but not held for the direct benefit of a school, house of worship or other nonprofit entity.

If a job is scheduled through "Jobs4Blue," "Jobs4Blue" may charge a service fee of no less than 3% and no more than 7% of the cost for the job including the vehicle(s), as well as administrative and management fees.

The Chief of Police or their designee shall have the authority to waive the fee for vehicle(s), Jobs4Blue, PBA and/or administrative and management fees.

The work to be performed shall be considered "special assignment from independent contractors" and will not be considered direct assignment or duty on the job through the Township. The taking of any and all extra duty assignments shall be on a voluntary basis in accordance with a system established and administered by the Chief of Police or his designee.

The Chief of Police or his designee shall have the authority to order any Police Officer to vacate or terminate any special duty assignment in response to emergency situations or whenever the assignment creates an unacceptable risk to health, safety and welfare of the Police Officer and/or the public, in the sole determination and discretion of the Chief of Police or his designee or the Chief of Police. The contractor shall not be responsible for any compensation for the time that the Police Officer is away from the special duty assignment and shall have no claim for any costs or damages against the Township or the Police Officer arising from the termination of a special duty assignment, other than the pro-rated return of any costs prepaid to the Municipality.

Any and all payments due under any such agreement shall be paid 15 days from the date of billing. Interest shall be charged at the rate of 12% per annum on any amount billed for which payment has not been made within 15 days. The delinquent party shall be liable for all costs, fees and attorney's fees associated with the collection of any amounts due.

PROBATIONARY POLICE OFFICER

When a private citizen, contractor or vendor requests an officer or officers for off-duty or special assignments, any cancellation of such request must be made two hours in advance of the date and time of the assignment. Failure of the private citizen to cancel the request for the off-duty or special assignment officer shall result in a minimum of four hours or $260 for each requested officer to be paid to the Township. This amount represents the cost to the Township for the officer for the four hour minimum the Township must pay to the officer for being called out.

§ 2-20.10 Drug Testing Policy.

[Ord. No. 2015-37 § 2-20.10]

The drug testing policy shall be established by the Chief of Police in accordance with the provisions of the Attorney General's Law Enforcement Drug Testing Policy and the Ocean County Law Enforcement Drug Testing Policy.

§ 2-20.11 Disciplinary Actions.

[Ord. No. 2015-37 § 2-20.11]

Discipline of employees and police officers will be imposed consistent with New Jersey State statutes and the Rules and Regulations of the Lakewood Township Police Department. Employees may be subject to discipline for violating laws, statutes, ordinances, rules and regulations and written directives.

§ 2-20.12 Internal Affairs.

[Ord. No. 2015-37 § 2-20.12]

In accordance with N.J.S.A. 40A:14-181, internal investigations conducted by the Police Department for the Township of Lakewood shall be consistent with the guidelines governing the Internal Affairs Policy and Procedures of the Police Management Manual promulgated by the Police Bureau of the Division of Criminal Justice and Department of Law and Public Safety, together with any amendments or supplements thereto, and said guidelines are hereby adopted by the Township.

§ 2-20.13 Rules and Regulations Established. [1]

[1]

Editor's Note: Subsection 2-20.13 was added by Ord. No. 2015-38

§ 2-20.13.1 Establishment of the Lakewood Police Department.

Legal Authorization. The Police Department of the Township of Lakewood is established pursuant to N.J.S.A. 40A:14-118 and the Township of Lakewood Municipal Code Section 2-20 and shall hereafter be referred to as the "Lakewood Township Police Department."

Rules and Regulations Established. The appropriate authority of the Township of Lakewood hereby adopts and promulgates the Department Rules and Regulations, in accordance with Municipal Code subsection 2-20.5 of the Township of Lakewood and shall be known as the "Lakewood Township Police Department Rules and Regulations."

Right to Amend or Revoke. In accordance with N.J.S.A. 40A:14-118, the right is reserved by the appropriate authority to amend or revoke any of the rules and regulations contained herein. Proposed new rules or modifications of existing rules governing working conditions shall be negotiated with the majority representative before they are established.

Previous Rules, Policies and Procedures. All rules and regulations previously issued, general orders, and policies and procedures that are contrary to the rules contained herein, are hereby revoked. All other policies and procedures shall remain in force.

Rules and Regulations Manual.

Application. These rules and regulations are applicable to all police officers, special law enforcement officers, and to all civilian employees of the Department, where appropriate.

Distribution. One copy of these rules and regulations shall be electronically distributed to each employee of the Department through the PowerDMS software or through manual distribution.

Responsibility for Maintenance. Employees shall be responsible for maintaining a current copy of the rules and regulations, including all additions, revisions, and amendments as issued.

Familiarization. Employees shall thoroughly familiarize themselves with the provisions of the rules and regulations. Ignorance of any provision of these rules and regulations will not be a defense to a charge of a violation of these rules and regulations. It is the continuing responsibility of each employee to seek clarification through the chain of command for any rule, which is not fully understood.

Severability. If for any reason any section of these Rules and Regulations shall be questioned in any court and shall held unconstitutional or invalid, the same shall not be held to affect any other sections or provisions of this document.

Definitions of Terms.

APPROPRIATE AUTHORITY

The Municipal Manager of the Township of Lakewood as defined and designated by authority of Municipal Code subsection 2-20.4 of the Township of Lakewood pursuant to N.J.S.A. 40A:14-118.

AUTHORITY

Authority is the statutory or general order vested right to give commands, enforce obedience, initiate action and make necessary decisions. Authority may be delegated by those so designated. Acts performed without proper authority or authorization shall be considered in violation of the rules and regulations, and those persons in violation shall be subject to disciplinary action.

CHAIN OF COMMAND

The unbroken line of authority extending from the Chief of Police through one or more subordinates at each level of command down to the level of execution and vice versa.

DAYS OFF

Those days on which a given employee is excused from duty by the appropriate supervisor or is not required to report to duty.

EMPLOYEE

All employees of the Department, whether sworn regular, special law enforcement officers, or civilian employees.

GENDER

The use of the masculine gender in any general order or rules and regulations includes the female gender, when applicable.

INCOMPETENCE

Incapable of satisfactory performance of police duties.

INSUBORDINATION

Failure or deliberate refusal of any employee to obey a lawful order given by a superior officer. Ridiculing a superior officer or his order, whether in or out of his presence, is also insubordination. Disrespectful, mutinous, insolent, or abusive language towards a superior officer is insubordination.

LAWFUL ORDER

Any written or verbal directive issued by a superior officer to any subordinate or group of subordinates in the course of police duty which is not in violation of any law, ordinance, or any department rule or regulation.

MAY/SHOULD

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

MEMBER

Any duly sworn police officer of the Department.

MILITARY LEAVE

The period of time during which an employee is excused from duty for service with the active or reserve armed forces of the United States or of the State of New Jersey, as provided by law or collective bargaining agreement(s).

NEGLECT OF DUTY

Neglect of duty is the 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 for duty at the time and place designated; unnecessary absence from the zone/post or assignment during the tour of duty; failure to perform duties or comply with provisions prescribed in the rules and regulations and general orders, and failure to conform to the Department operating procedures.

OFF-DUTY

The status of an employee during the period he is free from the performance of specified duties also known as days off and/or hours between tours of duties. Members are subject to recall at all times.

ON-DUTY

The status of an employee during the period of day when he is actively engaged in the performance of their duties.

ORDER

Any written or oral directive issued by a supervisor to any subordinate or group of subordinates in the course of police duty.

PLURALITY OF WORDS

The singular includes the plural and the plural includes the singular.

Any member of the Department serving probationary period prior to permanent appointment to police officer, as pursuant to N.J.S.A. 52:17B-66 et seq. and N.J.A.C. 4A:4-5.1 et seq.

WORKING TEST PERIOD

The working period shall be in accordance with N.J.A.C. 4A:4-5.1 et seq.

SENIORITY

Seniority is determined in accordance with New Jersey Civil Service Commission guidelines.

SHALL/WILL

As used herein, the words "shall" and "will," mean the action required is mandatory.

SPECIAL LAW ENFORCEMENT OFFICER

Persons vested with special police authority pursuant to N.J.S.A. 40A:14-146.8 et seq.

STAFF SUPERVISION

Staff supervision is an advisory relationship, outside the regular hierarchy of command and responsibility in which a supervisor may review the work of another employee who is responsible to another superior officer.

SUBORDINATE

A member lower in rank than his superior officer.

SUPERIOR OFFICER

A person holding a higher supervisory or command rank or position.

SUPERVISOR

An employee, usually holding the appropriate rank, assigned to a position requiring the exercise of immediate supervision over the activities of other employees.

TENSE OF WORDS

The words used in the present tense include the future.

UNPAID LEAVE OF ABSENCE

The period of time during which an employee is excused from duty and during which time no pay is received.

Code of Ethics.

All employees shall read and abide by the Law Enforcement Code of Ethics.

AS A LAW ENFORCEMENT EMPLOYEE, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality and justice.

I WILL keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my Department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

I WILL never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

I RECOGNIZE the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself to my chosen profession…LAW ENFORCEMENT.

Mission Statement and Core Values.

The Lakewood Police Department will provide the highest level of service through the enforcement of laws and the protection of life, property and the constitutional rights of all. We will meet the present and future needs of the public through a continued partnership with our community. We will remain dedicated to service and committed to excellence, focusing on the following core values:

•	Integrity: We hold ourselves accountable to the highest level of honesty, truthfulness and ethical conduct.
•	Pride: We take pride in ourselves as individuals, our division as a team and our citizens as a community.
•	Respect: We will ensure that all persons are treated with equality, dignity and courtesy.
•	Professionalism: We are committed to the highest level of professional standards through development of highly trained and motivated employees.

§ 2-20.13.2 Organization.

General Duties and Responsibilities.

Chief of Police.

The Chief of Police shall exercise any and all of the rights, authorities, powers and responsibilities reserved solely to the Chief of Police as set forth in N.J.S.A. 40A:14-118 and the Township of Lakewood Municipal Code subsection 2-20.3a.

Supervisors.

Supervisors shall be able to perform all of the general duties of a police officer. Supervisors shall:

Enforce Department rules and insure compliance with Department policies and procedures.

Exercise proper use of their command, within the limits of their authority, to assure efficient performance by their subordinates.

Exercise necessary control over their subordinates to accomplish the objectives for the Department.

Guide and train subordinates to gain effectiveness in performing their duties.

Use Department disciplinary procedures when necessary.

When using discipline, comply strictly with the provisions of the Department disciplinary process.

Conduct themselves in accordance with high ethical standards, on and off-duty.

Police Officers.

Police officers shall:

Exercise authority consistent with the obligations imposed by the oath of office and in conformance with the written directives of the Department.

Abide by all rules, regulations and Department procedures and directives governing police officer employees.

Be accountable and responsible to their supervisor for obeying all lawful orders.

Coordinate their efforts with other employees of the Department to achieve Department objectives.

Conduct themselves in accordance with high ethical standards, on and off-duty.

Strive to improve their skills and techniques through study and training.

Familiarize themselves with the area of authority and responsibility for their current assignment.

Perform their duties promptly, faithfully and diligently.

Perform all related work as required in a timely fashion.

(j)

Support and defend individual protections, rights and privileges guaranteed by the Constitutions of the United States and the State of New Jersey.

(k)

Take appropriate action to:

Protect life and property;

Preserve the peace;

Detect and arrest violators of the law;

Enforce all Federal, State, and local laws and ordinances coming within Department jurisdiction;

Safeguard the rights of individuals as provided by the United States Constitution and Constitution of the State of New Jersey;

Regulate traffic safely and expeditiously;

Aid citizens in matters within police jurisdiction;

Take appropriate police action in aiding fellow officers as needed;

Provide miscellaneous services.

Civilian Employees.

Civilian employees shall:

Take appropriate action to perform the duties of their positions promptly, faithfully and diligently.

Exercise authority consistent with the obligations imposed by their position and in conformance with the policies of the Department.

Be accountable and responsible to their supervisors for obeying all lawful orders.

Coordinate their efforts with other employees of the Department to achieve Department objectives.

Conduct themselves in accordance with high ethical standards, on and off-duty.

Strive to improve their skills and techniques through study and training.

Familiarize themselves with the area of authority and responsibility for the current assignment.

Abide by all rules, regulations and Department procedures and directives governing civilian employees.

Perform all related work as required.

§ 2-20.13.3 Rules of Conduct.

General Conduct.

Performance of Duty.

All employees shall promptly perform their duties as required or directed by law, rules and regulations or general order, or by lawful order of a superior officer.

Action Off-Duty.

While off-duty, police officers shall take appropriate action as needed in any police matter that comes to their attention within their jurisdiction as authorized by New Jersey law and Department written directive.

While off-duty, police officers who take any police related action or any other action which may touch upon or reflect upon their position with the Lakewood Township Police Department shall notify the highest ranking officer on duty as soon as possible and shall submit a written report to the Chief of Police as soon as practical.

Neglect of Duty.

Employees shall not commit any act, nor shall they be guilty of any omission that constitutes neglect of duty.

Obedience to Laws, Ordinances, Rules, and General Orders.

Employees shall obey all laws, ordinances, rules, and general orders of the Department.

Withholding Information.

Employees shall report any and all information concerning suspected criminal activity of others.

Reporting Violations of Laws, Ordinances or Rules, and General Orders.

Employees knowing of other employees violating laws, ordinances, or rules and general orders of the Department, shall report same to the Chief of Police through the chain of command. If the employee believes the information is of such gravity that it must be brought to the immediate, personal attention of the Chief of Police, the chain of command may be bypassed.

Employees charged with violating laws or ordinances shall report same to the Chief of Police through the chain of command.

Insubordination.

Employees shall not:

Fail or refuse to obey a lawful order given by a supervisor;

Use any disrespectful or abusive language/action towards a specific supervisor.

Providing False Information.

Employees shall not knowingly lie, give false or misleading information, or provide a false oral/written communication in any investigation when it is reasonable to expect that the information may be relied upon by the Department.

Conduct Toward Other Department Employees.

Employees shall treat other Department employees with respect. They shall be courteous and civil at all times in their relationships with one another. When on-duty and in the presence of the public, an officer shall be referred to by rank.

Compromising Criminal Cases/Investigations.

Employees shall not interfere with the proper administration of criminal justice.

Recommending Attorney and Bail Bond Brokers Prohibited.

Employees shall not suggest, recommend, or advise the retention of any attorney or bail bond broker to any person as a result of police business.

12.

Posting Bail.

Employees shall not post bail for any person in custody, except relatives.

13.

Use of Force.

Members shall follow New Jersey State Law and Department general order on the use of force.

14.

Physical and Mental Fitness for Duty.

Police officers are required to be capable of performing the essential functions of their assigned positions without posing a direct threat to their own health and safety, or that of others. Officers, who are aware of any reason why they are incapable of performing the essential functions of their assigned positions without posing a direct threat to their own health and safety, or that of others, shall notify their supervisors. The Department reserves the right to take appropriate action in such circumstances, which may include deeming the member unfit for duty, placing the employee on sick leave status, or other action. The Department reserves the right in appropriate cases to require medical clearance before allowing the member to return to regular duties.

15.

Driver's License.

Members shall possess a valid New Jersey driver's license. Whenever a driver's license is revoked, suspended, or lost, the employee shall report it before the next tour of duty giving full particulars. Employees shall not operate Department vehicles, unless they have a valid New Jersey driver's license.

16.

Address and Telephone Numbers.

Employees are required to have a telephone or cellular phone in the place where they reside. Changes in address or telephone number shall be reported in writing to the appropriate supervisor within 24 hours of the change. Upon receipt of this information, the supervisor will immediately forward the change to the Office of the Chief of Police.

Issuing Orders.

Manner of Issuing Orders.

Orders from a supervisor to a subordinate shall be in clear and understandable language.

Unlawful Orders.

No supervisor shall knowingly issue an order, which is in violation of any law or ordinance.

Improper Orders.

No supervisor shall knowingly issue an order, which is in violation of any Department rules and regulations or general order.

Receiving Orders.

Questions Regarding Orders.

Employees, in doubt as to the nature or detail of an order, shall seek clarification from their supervisors by going through the chain of command.

Obedience to Unlawful Orders.

Employees are not required to obey any order, which is contrary to any law or ordinance. Responsibility for refusal to obey rests with the employee, who will be required to justify the refusal to obey.

Obedience to Improper Orders.

Employees, who are given any order which is contrary to Department rules and regulations or general order, must first obey the order to the best of their ability, and then report the improper order as provided.

Conflicting Orders.

Upon receipt of an order, conflicting with any previous order, the employee affected will advise the person issuing the second order of this fact. Responsibility for countermanding the original order rests with the individual issuing the second order. If so directed, the latter order shall be obeyed first. Orders will be countermanded, or conflicting orders will be issued, only when reasonably necessary for the good of the Department.

Reports of Unlawful or Improper Orders.

An employee receiving an unlawful or improper order shall advise the issuing supervisor of his/her belief that the order in question is unlawful or improper. If the matter is not resolved, the officer shall at first opportunity, report in writing to the next highest-ranking supervisor above the supervisor who issued the unlawful or improper order. Action regarding such a report shall be conducted at the direction of the Chief of Police.

Criticism of Official Acts or Orders.

Employees shall not criticize the actions or orders of any Department employee in a manner which is defamatory, obscene, or which tends to impair the efficient operation of the Department.

Police Records and Information.

Release of Information.

Employees shall not release any information nor reveal any confidential business of the Department to the public or the press except as provided in Department general orders.

Department Records.

Contents of any record or report filed within the Department shall not be exhibited or divulged to any person other than a duly authorized police officer, except with the approval of the appropriate supervisor, or under due process of law, or as permitted under Department general orders.

Reports.

No employee shall knowingly falsify any official report or enter or cause to be entered any inaccurate, false, or improper information on records of the Department.

Gifts, Rewards, Etc.

Soliciting Gifts, Gratuities, Fees, Rewards, Loans, Etc.

Except as stated herein, employees shall not under any circumstances solicit any gift, gratuity, fees, rewards, loans, etc. where there is any direct or indirect connection between solicitations and their Department membership or employment. All solicitations must stay within the parameters of Federal and State law, directives from the Office of the New Jersey Attorney General and Ocean County Prosecutor's Office. Employees shall not solicit for any organization that in anyway references their employment as an employee of the Township of Lakewood without the knowledge of the Chief of Police pursuant to the standards set forth above. Nothing herein is meant to prevent action authorized by N.J.S.A. 45:17A-18 et seq.

Acceptance of Gifts, Gratuities, Fees, Loans, Etc.

Employees shall not accept either directly or indirectly any gift, gratuity, fees, rewards, loans, etc. or any other thing of value arising from or offered because of his police employment or any activity connected with said employment or employment with the Township of Lakewood or which might tend to influence directly or indirectly the actions of said employee or any other employee in any matter of police business; or which might tend to cast an adverse reflection on the Department or any employee thereof. No employee of the Department shall receive any gift, gratuity, fees, rewards, loans, etc. from other employees without the express permission of the Chief of Police.

Other Transactions.

Every 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 Department employment, except as may be specifically authorized by the Chief of Police.

Rewards.

Employees shall not accept any gift, gratuity or reward in money or other consideration for services rendered in the line of duty to the community or to any person, business or agency except lawful salary and that which may be authorized by the law and the Chief of Police.

Disposition of Unauthorized Gifts and/or Gratuities.

Any unauthorized gift, gratuity, loan, fee, reward, or other object coming into the possession of any employee shall be forwarded to the Chief of Police together with a written report explaining the circumstances.

Debts - Incurring and Payment.

No employee shall borrow any money or otherwise become indebted to any other employee.

Employees shall not solicit other members or employees to cosign or endorse any promissory note or other loan.

No employee shall offer to act as a cosigner or endorser of any promissory note or other loan for another employee.

Paragraphs 1-3 do not apply to transactions among employees related to each other.

Employees shall promptly pay all just debts and legal liabilities incurred by them.

Intercession — Soliciting.

Employees shall not attempt to circumvent, undermine or improperly influence Department procedures for determining promotions, assignments, disposition of disciplinary charges, appeals from Department hearings, or related matters. Examples of circumventing, undermining or improperly influencing such procedures include, but are not limited to, soliciting unauthorized persons to intercede in such procedures, communicating or supplying information in a manner not authorized or permitted under such procedures, refusing to participate and/or cooperate in any investigation into alleged improper behavior. Members and employees may utilize the review, appeal and grievance procedures provided by statute, ordinance, Department rules and procedures, ordinance or general order, and collective bargaining agreements. Nothing in this section shall prohibit employees from lawful consultation with attorneys and union representatives. Any lawyer or union representative consulted shall not be permitted to speak on behalf of the employee and shall not interfere in any investigatory process, including a prohibition against delaying the process.

Alcoholic Beverages and Drugs.

No employee of the Department will appear for, or be on duty, under the influence of an alcoholic beverage (any beverage containing alcohol) (hereinafter "alcohol") or illegal drugs (including the illegal use of prescription drugs) (hereinafter "drugs"), or be unfit for duty because of use of drugs or an alcoholic beverage. The reasonable opinion of a supervising officer that the employee is under the influence of, or has alcohol or drugs in the employee's system shall be sufficient to establish a violation of this provision. In addition, the presence of detectable level of alcohol or drugs as tested by blood, urine or other medical test shall constitute a violation of this provision. Superior officers shall not assign to duty any employee in an unfit condition due to the use of alcohol or drugs and shall immediately relieve of duty and service weapon any employee found on duty in such condition. Supervisors shall not allow to remain on duty, any employee whose fitness for duty is questionable due to the use of alcohol or drugs. The superior officer shall submit a written report of the incident to the Chief of Police. (See Procedures for Employees Using Prescription Drugs in a Legal Manner Under paragraph f1(c) below.)

Employees of the Department, shall not drink alcohol while on duty, or take any drug as defined herein, except on special assignment authorized by the Chief of Police. Sworn employees shall not drink alcohol or take drugs while in uniform or during any activity where the employee is acting as a representative or has identified himself as an employee of the Department. An employee, while assigned to duty in civilian clothes, may use alcohol or drugs only when absolutely necessary in the performance of duty, provided such use does not render them unfit for proper and efficient performance of duty. Employees should not, to the extent possible, engage in any behavior that could put him/herself in danger or the public in danger after consuming alcohol or drugs, for example, driving. All use of alcohol or drugs used in the performance of an employee's duty must be documented in writing, detailing the reasons therefore and the amounts consumed as soon as possible after such consumption. An employee may be subject to testing to confirm the level of alcohol/drugs in their system.

Taking Prescription or other Medication While on Duty/Notification about Medication. Employees of the Department shall disclose to the Office of Professional Standards if they are taking medication (prescription or non-prescription) that may affect their ability to perform their duties, including but not limited to using a firearm, radio communications, or operating a motor vehicle. Such employees shall also disclose the expected duration of their use of such medication. The Department reserves the right to take appropriate action in such circumstances, which may include deeming the employee unfit for duty, placing the employee on sick leave status, or other appropriate action. The Department may also consider other appropriate accommodations if the employee has a disability as defined by law. The Department reserves the right in appropriate cases to require medical clearance before allowing the employee to return to regular duties. The Department reserves the right to take appropriate action in case of any employee who is impaired on duty for any reason, including the use of prescription or non-prescription medication who has failed to give proper advance notification.

Alcohol may not be consumed at or in the police station or ancillary facilities.

No employee shall, at any time when in uniform, or any part thereof, except in the performance of duty, enter any place in which alcohol is served or sold, unless authorized by a supervisor. This provision does not include establishments with a separate dining area where the serving of alcohol is not the primary function (e.g. certain diners and restaurants which have a liquor license). If an employee is unclear whether an establishment would violate this section, he should contact his supervisor.

Employees shall not bring into or keep any alcohol or drugs on Department premises except when necessary in the performance of a police related task. Alcohol or drugs brought into Department premises in the furtherance of a police related task, shall be properly identified and stored according to Department general orders.

Any employee reporting for duty with the odor of alcohol on his breath or appearing to be under the influence may be subject to testing as set forth in paragraph f2 below.

No liquor license shall be held by any police officer, or by any profit corporation or association in which any police officer has an interest, directly or indirectly.

Pursuant to law, members of the Lakewood Township Police Department may not be employed by a business located in Lakewood Township, which is licensed to sell alcoholic beverages in New Jersey. Members of the Lakewood Township Police Department may be employed by such licensed businesses, which are located outside Lakewood Township with prior notice prior to the Chief of Police and under the following legal conditions:

Police officers so employed shall not, while engaged in the selling, serving, possessing or delivering of any alcoholic beverages: (1) have in his possession any firearm, or; (2) wear or display any uniform, badge or insignia which would identify them as a police officer.

No police officer so employed shall be permitted to work in excess of 24 hours per week in any such establishment.

The Chief of Police retains the right to advise any police officer that for the good of the Department or for other operational reasons (including but not limited to the ability to work overtime), the officer cannot obtain or retain such employment.

Substance Testing.

Members will be ordered to submit to drug testing when there is a reasonable suspicion to believe that the member is using drugs illegally, in accordance with the department's general order, which shall be compliant with the New Jersey Attorney General's Law Enforcement Drug Testing Policy, and the Ocean County Prosecutor's Directive.

Random drug screening may be ordered in accordance with the Department's general order, which shall be compliant with the New Jersey Attorney General's Law Enforcement Drug Testing Policy, and the Ocean County Prosecutor's Directive.

Duty Conduct.

Reporting for Duty.

Employees shall report for duty at the time and place specified, properly uniformed and equipped.

Absence from Duty.

Every member who fails to appear for duty at the date, time and place specified without the consent of competent authority, is "absent without leave." Such absence must be reported in writing to the supervisor immediately. Absences without leave in excess of one day must be reported in writing to the Chief of Police. Any member who is absent without leave for a continuous period of 5 days shall forfeit their position in the Department, pursuant to N.J.S.A. 40A:14-122.

Harassment in the Workplace.

All employees of the Department shall adhere to the general order established by the Chief of Police and the Township of Lakewood regarding Harassment in the Workplace.

Civil Rights.

All employees shall observe and respect the civil rights of all persons.

Work Expectation.

Employees are expected to perform their duties to the best of their abilities at all times.

Retaliation.

No employee shall take any official action or initiate or engage in any conduct with the intention to retaliate against any person for criticizing or complaining about any employee. This shall not apply to situations where employees are disciplined for engaging in actions, which constitute insubordination.

Personal Relationships.

If a supervisor and subordinate enter into a dating relationship, marital relationship or civil union during the course of employment, and the Department reasonably believes the relationship may create a conflict of interest, one of the employees shall be transferred to another shift or assignment. A supervisor or subordinate involved in a relationship as described within shall report the relationship to the Chief of Police. Failure to report such a relationship may subject the involved employees to discipline.

Smoking.

P.L. 2005, C.383 "NJ Smoke-Free Air Act" approved January 15, 2006. It provides for an employer's obligation to establish a written directive protecting the health, welfare and comfort of employees from those employees who smoke. That written directive must establish designated non-smoking areas. It is the policy of this Department not to allow smoking in any office or vehicle assigned to the Lakewood Township Police Department. Employees desiring to smoke may do so outside or in an area designated for smoking. It is the rule of this Department not to allow smoking in any designated crime scene area.

Distractors.

The use of any item or object that distracts an employee from the performance of duty other than equipment authorized by the Department is prohibited while on duty.

Relief.

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

Meals/Breaks.

All meals/breaks are to be consumed within authorized areas, subject to modification by the supervisor.

12.

Training.

Employees shall attend training at the direction of the appropriate supervisor. Such attendance is considered a duty assignment, unless the prevailing collective bargaining agreements provides otherwise.

13.

Inspections.

Employees directed to attend full dress inspections shall report in the uniform prescribed, carrying the equipment specified. Unauthorized absence from such inspection shall be considered absence without leave.

14.

Prohibited Activity On-Duty.

Employees who are on-duty are prohibited from engaging in activities, which are not directly related to the performance of their duty with exceptions as noted:

Meeting with other officers (except in performance of their police duties) without the permission of his/her supervisor. Sleeping, loafing, idling;

Reading material other than Department required materials (except at meals);

Conducting private business while on duty;

Unlawful gambling, unless to further a police purpose such as conducting an investigation of suspected criminal activity as authorized through the chain of command;

Smoking in public view;

Sexual conduct;

Soliciting or otherwise enhancing secondary employment interests while on duty or as a result of an official duty;

Conducting secondary employment activities while on duty;

Taking any photographs, pictures, digital images that are not related to the job, including but not limited to pictures of any crime scenes, traffic crashes, people, or job related incidents or occurrence with any personal analog or digital device, camera or cellular telephone, except as may be necessary for the furtherance of official duties, and only in accordance with established Department procedures pertaining to preservation of evidence and chain of custody;

(j)

Releasing any personal or Department photographs, pictures, digital images of any crime scenes, traffic crashes, people, or job related incident or occurrence taken with a personal or Department analog or digital device, camera or cellular phone to any person, entity, business, or media/Internet outlet without the express written permission of the Chief of Police;

(k)

Video or audio recording, which is not connected with an official investigation or duties, is prohibited;

(l)

Employees are forbidden to videotape or record conversations with other employees unless related to the job and approved in advance by the employee's supervisor. This prohibition does not apply to videotaped interviews of witnesses or suspects where two or more employees may be present, the routine recording of telephone calls over or through the Department telephone system via any recording system approved by the Chief of Police, or to the use of mobile video recorders installed in police vehicles as authorized by the Chief of Police. The exception to this is for an Internal Affairs investigation as authorized by the Chief of Police or representatives of the involved prosecutorial authorities.

(m)

Any other activity deemed inappropriate by the Chief of Police.

15.

All Other Conduct.

Misconduct by a police officer need not be predicated on the violation of any particular Department rule or regulation. Police officers are called upon to exercise tact, restraint and good judgment in their relationship with the public and must present an image of personal integrity and dependability in order to have the respect of the public. The Department will take appropriate disciplinary action against any officer whose actions violate this standard of good behavior.

Uniforms, Appearance, and Identification.

Regulation Uniforms Required.

All members and civilian employees of the Department who are required to wear a uniform shall maintain regulation uniforms. Uniforms shall be kept neat, clean and well pressed at all times. All uniform/equipment must be clean, in good working order, and conform to Department specifications.

Manner of Dress On-Duty — Uniform.

Members and civilian employees of the Department required to wear a uniform will wear the prescribed duty uniform while on duty. The Chief of Police or his/her designee may prescribe other clothing as required by the nature of the duty, which a particular employee is assigned. Members and civilian employees will wear and maintain an employee uniform when so directed by the Chief of Police in accordance with Department general orders.

Wearing or Carrying Identification

Employees shall wear or carry their Department identification at all times, provided that it is practical under the circumstances.

Identification as Police Officer.

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

Altering Style of Uniform.

Uniforms shall be made of the material and in the style prescribed in accordance with Department general order, and such style shall not be altered or changed in any manner whatsoever, unless authorized by the Chief of Police.

Manner of Dress - Civilian Attire.

Employees may wear corporate casual or traditional business attire as prescribed by the Chief of Police or his/her designee.

Personal Appearance.

Every employee of the Police Department, while on duty, must at all times be neat and clean in person, clothes clean and pressed, and uniform in conformity with Department general orders. Further, they shall, as often as necessary, examine and clean equipment and keep it always in good serviceable condition. Personnel on special assignment includes, but is not limited to, undercover assignment may be permitted to deviate from the appearance regulations as authorized by the Chief of Police or designee.

Male Employees.

A clean-shaven appearance is required except that moustaches are permitted. Moustaches shall be neatly trimmed and shall not extend more than one-half (1/2") inch beyond the corners of the mouth, nor below the corner of the mouth.

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. Beards may be permitted for religious reasons upon approval of the Chief of Police. Non-uniformed employees may deviate from the above beard standard as authorized by the Chief of Police or designee.

Hair must be clean, neat and combed. Hair shall not be worn longer than the top of the shirt collar at the back of the neck when standing with the head in a normal posture. The bulk or length of the hair shall not interfere with normal wearing of all standard headgear. In addition, no employee will be permitted to wear a hairstyle, which results in a design or pattern being cut into the hair pattern. Hair coloring, if used, must appear natural.

Wigs or hairpieces are permitted if they conform to the above listed standards for natural hair.

Sideburns shall be neatly trimmed and rectangular in shape and shall not extend lower than the ear lobe. The maximum width of the sideburns shall not exceed one and three quarters (1-3/4") inches and the bottom shall be trimmed in a straight line. The growth shall not be more than one-quarter (1/4") inch in depth.

Fingernails shall be clean and trimmed. Nails shall not extend beyond the tips of the fingers.

Female Employees.

Hair must be clean, neat and combed. Hair shall not be worn longer than the top of the shirt collar at the back of the neck when standing with the head in a normal posture. The bulk or length of the hair shall not interfere with the normal wearing of all standard headgear. In addition, no employee will be permitted to wear a hairstyle, which results in a design or pattern being cut into the hair pattern. Hair coloring, if used, must appear natural.

Wigs or hairpieces are permitted if they conform to the above standards for natural hair.

Non-uniformed employees may deviate from the above hair length standard as authorized by the Chief of Police or designee.

Cosmetics — Cosmetics may be worn provided they are subdued and blended to match the natural skin color of the individual. False eyelashes are not permitted. Non-uniformed employees may deviate from the above cosmetics standard as authorized by the Chief of Police or designee.

Fingernails — Fingernails shall be clean and trimmed. Nails shall not extend beyond the tips of the fingers. Fingernail polish, if worn, shall be clear. Non-uniformed employees may deviate from the above fingernail standard as authorized by the Chief of Police or designee.

Jewelry and Body Piercings (All).

Police Officers on duty shall not wear loose fitting jewelry which may be grasped during a struggle or which can inflict injury or retard the mobility of the officer. This provision shall not prohibit non-uniform employees on duty from wearing jewelry appropriate for the conditions of their current assignment in accordance with Department general orders.

No visible body piercing jewelry shall be worn while on duty. This shall include, but is not limited to nose, eyebrow and tongue piercing.

Tattoos or Similar Markings (All).

Definitions:

TATTOO – The act or practice of marking the skin with designs, forms, figures, art, etc.

SCARIFICATION – The act of intentional cutting of the skin for the purpose of creating a design, form, figure or art.

BRANDING – The act of intentional burning of the skin for the purpose of creating a design, form, figure or art.

The following tattoos, scarifications and brands are prohibited:

Any tattoo, scarification or brand located on the head, face or neck. The Chief of Police reserves the right to require an officer to cover up a tattoo(s) while the officer is in uniform.

Depictions of nudity or violence; sexually explicit or vulgar art, words, phrases or profane language; symbols likely to offend other members, employees, or members of the public, i.e., swastikas, pentagrams or similar symbols; initials, acronyms or numbers that represent criminal or historically oppressive organizations, i.e., AB, KKK, SS, MM, BGF, HA, 666 or any street gang names, numbers and/or symbols; or, any language or depiction that may impair or disrupt the operations of the Department, or is inconsistent with the mission of the Department.

Department Equipment and Property.

Equipment On-Duty.

Employees shall carry all equipment on-duty as prescribed by Department general order based on their assignment.

Equipment Off-Duty.

Employees shall carry equipment off-duty as prescribed by Department general order.

Firearms.

Employees shall follow Department general order on the care and handling of firearms.

Department Property and Equipment.

Employees are responsible for the proper care of Department property and equipment assigned to them or used by them in the course of duty. Equipment and/or property will be handled and maintained in accordance with Department general order.

Use of Department Property and Equipment.

Employees are prohibited from using any Department property, equipment, consumable supplies and other resources for personal business or pleasure.

Damaged or Inoperative Property or Equipment.

Employees shall immediately report to their supervisors any loss of or damage to Department property assigned to or used by them. The supervisor shall also be notified of any defects or hazardous conditions existing in any Department equipment or property.

Care of Department Buildings.

Employees shall not mark or deface any surface in any Department building. No material shall be affixed to any wall in Department buildings without specific authorization from the appropriate supervisor.

Notices.

Employees shall not mark, alter, or deface any posted notice of the Department. No notices or announcements shall be posted on bulletin boards without permission of the appropriate supervisor, except those areas designated for use by the collective bargaining unit(s). No other form of communication of notices or announcements, including electronic communication of non-official police business shall be made unless authorized by the appropriate supervisor. No notices, pictures or other written communications may be posted that are degrading, obscene, or considered detrimental to the good order of the Police Department.

Use of Department Vehicles.

Employees shall not use any Department vehicle without the permission of the Chief of Police or his/her designee. Department vehicles shall not be used for personal business or pleasure.

Operation of Department Vehicles.

When operating Department vehicles, employees shall not violate traffic laws, except in cases of emergency and then only in conformity with State law and Department general order regarding same. Employees shall also operate Department vehicles in a safe and prudent manner, as dictated by environmental/roadway conditions, to avoid causing damage to the vehicle.

Transporting Citizens.

No citizen shall be transported in Department vehicles except as necessary in the performance of official police duties. Such transportation will be done in conformance with Department general order or at the direction of the commanding officer, immediate supervisor or communications center.

12.

Reporting Accidents.

Accidents involving Department personnel, property, equipment and vehicles must be reported in accordance with Department general order.

13.

Inspection.

Department property and equipment is subject to entry and inspection without notice. This includes, but is not limited to, any vehicle, desk, filing cabinet, and/or locker, the use of which is provided to the employee by the Department.

14.

Liability.

If any Department property is damaged or lost as result of misuse or negligence by an employee, that employee will be held liable to reimburse the Department for the damage or loss and is subject to disciplinary action.

15.

Surrender of Department Property.

Upon Separation from the Department - Employees are required to surrender all Department property in their possession upon separation from the service. For failure to return a non-expendable item, the employee will be required to reimburse the Department for the fair market value of the article.

Under Suspension - Any employee under suspension shall immediately surrender their identification, firearm (if applicable), and all other Department property to the appropriate supervisor pending disposition of the case.

Communications, Correspondence.

Restrictions.

Employees shall not use Department letterheads for private correspondence.

Employees shall only send official correspondence out of the Department under the direction of the Chief of Police or his/her designee. This includes, but is not limited to, letters, subpoenas, e-mails, memorandums, and any other type of paper or electronic written communication.

Forwarding Communications.

Any employee who receives a written communication for transmission to another employee shall forward same without delay.

Use of Department Address.

Employees shall not use the Department as a mailing address for private purposes. The Department address shall not be used for any private vehicle registration or driver's license.

Telephones.

Department telephone equipment may not be used for personal use involving toll charges without the express approval of a supervisor. Department telephone numbers may not be given out as numbers for police officer's personal use or contact. The use of cell phones while driving a motor vehicle is prohibited.

Radio Discipline.

Employees operating the police radios shall strictly observe the procedures and restriction for such operations as set forth in Department general order and by the Federal Communications Commission.

Conduct Toward Public.

Publicity.

Employees may identify themselves as employees of the Lakewood Township Police Department. However, members and employees shall not use or refer to their affiliation with the Lakewood Township Police Department for purposes of furthering or gaining advantage in personal pursuits or for any other reason that has or reasonably may have an adverse impact on the Department or on the Township of Lakewood. The Chief of Police shall determine whether an employee's conduct has violated this standard. Nothing herein is meant to prevent action authorized by N.J.S.A. 45:17A-18 et seq. or the New Jersey State Constitution.

Personal Preferment.

No employee may seek the improper influence or intervention of any person outside of the Department for purposes of personal preferment, advantage, transfer or advancement. Members and employees may utilize where legally required and where not duplicative the review, appeal and grievance procedures provided by statute, ordinance, Department rules and procedures, Borough policy, and collective bargaining agreements. Nothing in this section shall prohibit employees from lawful consultation with attorneys and union representatives where required by law. Unless otherwise required by law, an employee may not consult with both an attorney and a union representative.

Commercial Testimonials.

Employees shall not permit their names or photographs to be used to endorse any product or service without the permission of the Chief of Police. They shall not, without the permission of the Chief of Police, allow their names or photographs to be used in any commercial testimonial, which alludes to their position or employment with this Department or their position as a police officer or employee of a Police Department.

Public Appearance Requests.

All requests for public speeches, demonstrations, etc., will be routed to the Chief of Police for approval and processing. Employees directly approached for this purpose shall suggest that the party submit his request to the Chief of Police.

Courtesy.

Employees shall be courteous and orderly in all dealings with the public. They shall perform their duties professionally, avoiding harsh, violent, profane or insolent language, and always remain calm regardless of provocation to do otherwise. Upon request, they are required to supply their names and badge numbers in a courteous manner. They shall attend to requests from the public quickly and accurately, avoiding unnecessary referral to other parts of the Department.

Impartial Attitude.

All employees must remain completely impartial toward all persons coming to the attention of the Department. Violations of the law are against the people of the State and not against the individual officer. All citizens are guaranteed equal protection under law. Exhibiting partiality for or against a person because of race, creed, color, national origin, ancestry, age, sex, gender identity or expression, affectional or sexual orientation, marital status, domestic partner or civil union status, familial status, liability for service in the Armed Forces of the United States, disability, atypical hereditary cellular or blood trait, genetic information, nationality, pregnancy or other protected class (N.J.S.A.10:5-1 et seq.) is conduct unbecoming a public employee. Similarly, unwarranted interference in the private business of others when not in the interests of justice is conduct unbecoming a public employee.

Disparaging Comments Regarding Protected Personal Characteristics.

Courtesy and civility toward the public is required of all employees of the Department. Employees shall not use words which humiliate, disparage, demean, degrade, ridicule, or insult a person because of their race, creed, color, national origin, ancestry, age, sex, gender identity or expression, affectional or sexual orientation, marital status, domestic partner or civil union status, familial status, liability for service in the Armed Forces of the United States, disability, atypical hereditary cellular or blood trait, genetic information, nationality, pregnancy or other protected class (N.J.S.A.10:5-1 et seq.).

Public Statements.

Employees of the Department shall not make public statements concerning the work, plans, policies, or affairs of the Department which may impair or disrupt the operation of the Department or which are obscene, unlawful, or defamatory.

Subversive Organizations.

No employee shall knowingly become a member of or connected with a subversive organization, except when necessary in the performance of duty, and then only under the direction of the Chief of Police.

Affiliation with Certain Organizations Prohibited.

Police officers shall not join or affiliate with any organization, or enter into any business relationships that would interfere with the officer's ability to fulfill his or her obligations to the Department, that may impair or disrupt the operations of the Department, or that is inconsistent with the mission of the Department. This section shall not apply to active or reserve service in the armed forces of the United States or the State of New Jersey.

Affiliation with Radical Groups.

No 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 group set forth in paragraph k7 above or any political entity.

Political Activities.

Political Activities Prohibited.

Employees should not be permitted to engage in political activity while on duty, and no employee shall be permitted to use his official position to influence another person's partisan or non-partisan political activity.

Election to Public Office.

Employees shall not be candidates for or hold an office in elective public positions or political organizations within or inclusive of the jurisdiction in which they are employed unless authorized to do so by the Ocean County Prosecutor.

Soliciting Prohibited.

Employees of the Department shall not solicit contributions for political purposes while on duty or when such activity prevents the employee from performing his job with the Department, nor shall any employee interfere with or use the influence of his office for political reasons.

Contributions.

Employees may contribute funds or any other thing of value to candidates for public office subject to the provision of law governing such contributions.

Polling Duties.

Employees shall not engage in any polling duties except in the performance of their official duties.

Displaying of Political Material.

Employees shall not display any political material on any government property or on their person while on duty or in uniform or while representing the Department or the Township of Lakewood.

Judicial Appearance and Testimony.

Court Appearances.

Employees must attend court or quasi-judicial hearings as required by a subpoena. Permission to omit this duty must be obtained from the prosecuting attorney handling the case or other competent court official. When appearing in court, either the official uniform or appropriate business attire shall be worn. Weapons will not be displayed unless wearing the uniform. Members shall present a neat and clean appearance, avoiding any mannerism, which might imply disrespect to the court.

Testifying for the Defendant.

Any employee subpoenaed to testify for the defense in any trial or hearing, or against the Township of Lakewood in any hearing or trial shall notify their supervisor upon receipt of the subpoena. He/she shall also notify the appropriate prosecutorial authority handling the case.

Duty of Employees to Appear and Testify.

It shall be the duty of every employee to appear and testify upon matters directly related to the conduct of his office, position or employment before any court, grand jury, or the State Commission of Investigation.

Department Investigations — Testifying.

Employees shall be required to respond to questioning, provide reports, and render materials during Department investigations in accordance with the provisions of the New Jersey Attorney General's Internal Affairs Policy & Procedures currently in effect.

Truthfulness.

Employees are required to be truthful at all times whether under oath or not.

Civil Action, Court Appearances — Subpoenas.

An employee shall not volunteer to testify in civil actions and shall not testify unless legally subpoenaed. Employees will accept all subpoenas legally served. If the subpoena arises out of Department employment or if the employee is informed that he is a party to a civil action arising out of Department employment, he shall immediately notify the Chief of Police, who in turn shall notify the proper authorities. Employees shall not enter into any financial understanding for appearances as witnesses prior to any trial, except in accordance with Department directives.

Civil Depositions and Affidavits.

Employees shall confer with their supervisor before giving a deposition or affidavit on a civil case. If the supervisor determines that the case is of importance to the Township of Lakewood, he shall inform the Chief of Police through the chain of command before the deposition or affidavit is given.

Civil Action, Expert Witness.

Employees shall not volunteer or agree to testify as expert witnesses in civil actions without the prior written approval of the Ocean County Prosecutor and the Chief of Police.

Civil Process.

Members shall not serve civil process or assist in civil cases unless the specific consent of the Chief of Police is obtained. They shall avoid entering into civil disputes, particularly while performing their police duties, but shall prevent or abate a breach of the peace or crime in such cases.

Internal Affairs Investigations.

The Lakewood Township Police Department hereby adopts and incorporates the "Internal Affairs Policy & Procedures" of the Police Management Manual promulgated by the Police Bureau of the Division of Criminal Justice in the Department of Law and Public Safety to govern the conduct of internal affairs investigations.

§ 2-20.13.4 Disciplinary Regulations.

[Ord. No. 2015-38]

Disciplinary Action.

Department employees regardless of rank or assignment, shall be subject to disciplinary action, according to the nature or aggravation of the offense, for violating their oath and trust by committing an offense, incapacity, misconduct or disobedience of established Department Rules and Regulations punishable under the laws or statutes of the United States, the State of New Jersey, municipal ordinances, or failure, either willfully or through negligence or incompetence to perform the duties of their rank of assignment; or for violation of any general order or rule or regulations of the Department; or for failure to obey any lawful instruction, order, or command of a superior or supervisor. Disciplinary action in all cases will be decided on the merits of each case.

The disciplinary system established herein shall reflect the overarching emphasis for improving the quality of service being delivered by employees of this Department. Discipline should not engender a strictly negative connotation. The disciplinary process is meant to correct employee actions and conduct that tend to impede the efficient and effective operation of the Department. The proper use of discipline can achieve this objective without realizing a reduction in morale. Training and counseling shall be a function of the Department's overall disciplinary system. In lieu of discipline, training and counseling shall be corrective actions used to modify an employee's performance.

Establishing Elements of Violation.

Existence of facts establishing a violation of the law, ordinance, or rule is all that is necessary to support any allegation of such as a basis for disciplinary action. Nothing in these rules and regulations prohibits disciplining or charging employees merely because the alleged act or omission does not appear herein, in the Department, or in laws and ordinances within the cognizance of the Department.

Department Authority to Discipline.

Final disciplinary authority and responsibility rests with the Chief of Police. When necessary, the Chief of Police may suspend any employee from duty pending the filing of formal charges.

Discipline Authority.

Under the provisions of N.J.A.C. 4A:2-2.3, employees, regardless of rank, shall be subject to disciplinary action for:

Incompetency, inefficiency or failure to perform duties;

Insubordination;

Inability to perform duties;

(4)

Chronic or excessive absenteeism or lateness;

(5)

Conviction of a crime;

(6)

Conduct unbecoming a public employee;

(7)

Neglect of duty;

(8)

Misuse of public property, including motor vehicles;

(9)

Discrimination that affects equal employment opportunity (as defined in N.J.A.C. 4A:7-1.1), including sexual harassment;

(10)

Violation of Federal regulations concerning drug and alcohol use by and testing of employees who perform functions related to the operation of commercial motor vehicles, and State and local policies issued thereunder; and

(11)

Violation of New Jersey residency requirements as set forth in P.L. 2011, c. 70; and

(12)

Other sufficient cause.

Violations of any of the causes listed above may subject an employee to progressive discipline up to and including dismissal.

All disciplinary matters will be decided fairly and impartially on the merits of the case considering all mitigating and aggravating factors.

All disciplinary procedures shall be in accordance with the laws of the State of New Jersey, applicable case law, collective bargaining agreements, administrative regulations, Civil Service Commission rules and municipal ordinance.

Major Discipline.

Major discipline shall include:

Removal;

(ii)

Disciplinary demotion;

(iii)

Suspension or fine for more than five working days;

(iv)

Suspension or fine for five working days or less where the aggregate number of days suspended or fined in any one calendar year is 15 working days or more;

(v)

The last suspension or fine where an employee receives more than three suspensions or fines of five working days or less in a calendar year.

Major discipline shall be administered under the provisions of N.J.A.C. 4A:2-2 et seq., N.J.S.A. 40A:14-149, and applicable case law.

Minor Discipline.

Minor discipline includes discipline from a reprimand to a suspension (or equivalent fine) of five working days or less.

Minor discipline shall be administered under the provisions of N.J.A.C. 4A:2-3.1 et seq., N.J.S.A. 40A:14-147, collective bargaining agreements, and applicable case law.

Progressive Discipline/Corrective Action.

A system of progressive discipline/corrective action shall be used, wherever appropriate and practicable. Discipline shall follow the basic concepts of due process as established in N.J.A.C. 4A:2-1 et seq. Basic guidelines include:

In certain situations, formal discipline is not required in order to correct employee performance in various areas. All training and counseling resulting from a performance issue shall be documented and forwarded through the appropriate chain of command to the Chief of Police or designee. Performance based issues may be corrected by using training and counseling outlined below:

Training - Training is encouraged as a means of improving employee effectiveness and performance through positive and constructive methods. Training and discipline are not mutually exclusive. Certain minor offenses may be handled through targeted training. Supervisors have an affirmative obligation to observe the conduct and appearance of employees and detect those instances wherein corrective action (training) may be necessary. Training includes:

•	Verbal Instruction - The supervisor may, depending on the circumstances, provide individual on the spot training where such is indicated.
•	Peer Training - The supervisor may assign the employee to another employee with experience in the area where training is indicated.
•	In-Service Training - The supervisor may refer the employee to an in-service training program.

Counseling - Counseling is indicated where personal actions or job performance are in conflict with basic police practice and agency general orders. Certain first offenses are sufficiently minor in nature and may be handled by supervisors by documenting the counseling session on a performance notice. Facts to be considered in making these decisions will include, but are not limited to the person's intent, receptivity of the supervisory consulting and their desire to correct the problem. More serious infractions may indicate the need for a stronger response in place of, or in addition to, counseling. There is no right to a hearing for counseling notices except as may exist under applicable collective bargaining agreements. The final disposition notice regarding the corrective action shall be filed in the employee's personnel file.

Repeat performance based issues or minor misconduct issues may be corrected through formal discipline by using the following actions:

Oral Reprimand - They are intended to be the least intrusive form of discipline. To be effective, however, written oral reprimands must be timely. Otherwise, the employee may believe future infractions will be tolerated. In some cases, a minor infraction may warrant more than counseling, but less than a written reprimand. In those instances, a report of the offense shall be documented and issued to the employee as a written verbal reprimand. There is no right to a hearing for a written oral reprimand, unless provided for in the current collective bargaining agreement. The disciplinary document shall be filed in the employee's personnel file.

Written Reprimand - In some cases, the misconduct may warrant more stringent measures. In these instances, a report of the offense shall be documented and issued to the employee as a written reprimand. There is no right to a hearing for written reprimands except as may exist under applicable collective bargaining agreements. The final disposition notice regarding the discipline shall be filed in the employee's personnel file.

Serious misconduct issues or repeat minor misconduct issues may be corrected with more serious formal discipline using one or more of the following actions:

Monetary fine; (only when suspension would be detrimental to public health, safety or welfare and agreed upon by the employee, see N.J.S.A. 11A: 2-20).

Suspension without pay;

Demotion;

(4)

Termination.

Such actions are taken when an employee's performance deficiency is repeated despite prior corrective action, or when a violation is serious and significant enough to require punitive action. Depending upon the seriousness of the violation, punitive disciplinary action may not always be based upon the progressive disciplinary process. It may be necessary to utilize punitive disciplinary action with the first occurrence of an act or behavior.

All punitive actions applied as a result of discipline shall be documented and forwarded through the appropriate chain of command to the Chief of Police or designee.

Appeals Procedure.

Appeals from penalties imposed as a result of discipline or corrective action may be taken as provided in the Township of Lakewood personnel policies, manuals, ordinance and New Jersey Civil Service Commission regulation and laws of the State of New Jersey.

Appeals to Civil Service Commission.

Any employee of the Department who has been tried and convicted upon any disciplinary charge or charges may obtain review by the Civil Service Commission pursuant to N.J.S.A. 11A:1-1 et seq. and N.J.A.C. 4A:2-1.1 et seq.