[Amended 9-24-13 by Ord. No. 2013-28]
All members of the Police Department shall be subject to disciplinary
action as set forth below and as set forth in the Rules and Regulations
promulgated by the Appropriate Authority.
Disciplinary action may consist of any or all of the following:
Except in the case of oral or written reprimands, disciplinary
action shall be instituted by the filing of a complaint with the office
of the Chief of Police setting forth the specific charge or charges
against the officer. The officer shall be served with a copy thereof,
and it shall contain notice of a departmental hearing to be conducted
not less than 15 nor more than 30 days from the date of service of
the complaint. The Chief of Police shall have the authority to suspend
an officer pending a hearing with or without pay.
[Amended 12-9-03 by Ord. No. 2003-26]
A.
The Mayor and Council of the Town of Secaucus shall be empowered
to hear and determine the charge or charges made. The Mayor and Council
shall have the authority to appoint one or more designees to serve
in their stead. They shall have the power to subpoena witnesses and
documentary evidence. All such hearings shall be documentary evidence.
All such hearings shall be either recorded or transcribed in order
to create a record thereof. If the charge relates to the commission
of an offense under the law of this state or another state or the
United States, no hearing need be held until the case is disposed
of at trial, the complaint is dismissed, or until the prosecution
is terminated.
B.
The post-hearing determination of the Mayor and Council or its appointed
designee shall be final and implemented by the Chief of Police.
[Amended 9-24-13 by Ord. No. 2013-28]
All members of the Police Department shall be subject to disciplinary
action for incapacity, misconduct, violation, or disobedience of Rules
and Regulations of the Police Department established by the Appropriate
Authority. In addition to discipline for violating the Rules and Regulations
established by the Appropriate Authority, all members of the Police
Department shall be subject to discipline for the following:
A.
Willful or neglectful disobedience of orders.
B.
Disrespect to a superior officer or municipal officer.
C.
Indulging in intoxicants while in uniform or on duty.
D.
Unnecessary violence to a prisoner or others.
E.
Absence without leave.
F.
Sleeping on duty.
G.
Absence from post or duty without the express permission of a supervisory
officer.
H.
Improper patrol of post.
I.
Neglect in paying just debts.
J.
Immorality, indecency or lewdness.
K.
Failure to observe the proper chain of command.
L.
Inefficiency, due to mental or physical incapacity.
M.
Feigned illness.
N.
Violation of any criminal law or disorderly person offense.
O.
Making known any proposed action or movement of the Police Department
or revealing any departmental order, other than to those persons immediately
concerned in their execution.
P.
Conduct unbecoming an officer.
Q.
Conduct subversive to the good order and the discipline of the Department.
R.
Excessive absenteeism.
S.
Failure to attend drill or school of instruction at the time fixed
or whenever ordered.
T.
Failure to report a known violation of the law or the ordinances
of the municipal government.
U.
Swearing falsely in application for appointment to the Department
or to such other persons as required of him as affidavit in accordance
thereto.
V.
Neglect of duty. Any violation or offense not specifically set forth
above in respect to discipline will be charged under this section.
W.
Officers shall not devote any on-duty time to any activity other
than that which relates to police work or for the purpose of private
gain.
X.
Making or leaving a false report.
Y.
Seeking or receiving municipal funds under false pretenses.
Z.
Failure to wear uniform, badge, or other required insignia while
on duty unless undertaking an authorized assignment that is exempt
from uniform requirements by the Rules and Regulations.
