Borough of Keansburg, NJ Chapter A Police Department Rules and Regulations

Editor's Note: The rules and regulations of the Police Department were adopted by Ordinance No. 1049 on August 5, 1989.

Section 1 GENERAL REGULATIONS.

1. Each member of the Police Department shall read, be thoroughly familiar with and strictly comply with the Rules and Regulations Manual adopted by Ordinance of the Borough Council and any amendment or supplement thereto. In addition, each member shall be familiar with the laws of the Federal government, the State of New Jersey and all ordinances of the Borough of Keansburg which may be related to the intelligent performances of his duties.

2. Each member of the Police Department shall promptly, thoroughly obey all official rules and orders, whether general, special, written or verbal. Police officers are assigned to regular or special duties merely to perfect an organization, and are at all times subject to orders of any superior officer.

3. All members of the Police Department are assumed to be subject to duty at all times, and are expected to keep themselves and their uniforms and equipment in condition to answer calls for duty at any time.

Section 2 UNIFORMS AND EQUIPMENT.

1. All members of the Police Department shall be provided with uniforms and raincoats.

2. All Borough equipment will be furnished by and remain the property of the Police Department. Carelessly losing any of the equipment or failing to immediately report loss of same will be deemed neglect of duty.

3. Members of the Police Department on actual duty shall carry full equipment. The officer conducting the roll-call of officers going on duty must, by personal inspection, see to the observance of this rule. Members off duty (except on vacation or sick leave) shall carry badge and whistle.

4. The regulations service weapon must be kept clean and oiled; and to insure safety to himself and others, each officer shall provide himself with a holster equipped with a safety catch or similar device which will prevent the service weapon from slipping out of the holster.

Section 3 CONDUCT.

1. Every member of the Police Department shall conduct himself in a quiet, civil and orderly manner at all times; refrain from the use of indecent, profane, uncivil or threatening language, and even though there may be great provocation, be gentlemanly and respectful to superiors, other officers and citizens. He shall use no unnecessary force or violence with prisoners or other persons and shall cheerfully perform all proper duties and answer all proper questions. Superiors are required to be courteous to subordinates.

2. Each member of the Police Department in reporting for duty must be neat and clean in his person and clothing; if in uniform, the same shall be in conformity to the regulations, clean, well pressed, worn neatly and properly buttoned. No member in uniform will be permitted to carry any package, bundle or newspaper, except in actual performance of duty.

3. Members of the Police Department shall salute the national colors as they pass on all public occasions, providing they are facing the colors and their attention is not otherwise engaged; members in uniform shall give regulation salute; those not in uniform shall salute by uncovering and standing at attention. On all occasions when the Star Spangled Banner is being played, stand at attention; those not in uniform shall uncover and those in uniform shall make regulation salute.

4. Use of tobacco in any form, or chewing gum or anything of similar nature by or before any official person or body or in any place where they may be required to testify or converse on official business, is strictly prohibited.

5. No member of the Police Department shall engage in any game of cards, billiards, pool, etc., in any place while wearing any portion of his uniform.

6. No member of the Police Department shall demand or accept any reward or present of any kind, directly or indirectly, in connection with any official duty or act except such awards, rewards, commendations and honorariums permitted under the guidelines established by the Monmouth County Prosecutor's Office. The Borough Manager shall be notified of the receipt of all such item(s) within 72 hours of their receipt.

7. No member of the Police Department shall solicit business or suggest or recommend any attorney or surety for any person arrested for a crime, nor release a prisoner from custody after arrest, except as provided by law.

8. A member of the Police Department is positively prohibited from active participation in politics at all times which would in any way hamper or hinder his efficiency or effectiveness as an impartial enforcer of the law. This is in no way intending to curtail the right to vote or exercise of the right of suffrage.

9. No member of the Police Department shall communicate to any person any information which may tend to defeat the ends of justice, enable any person to escape arrest or punishment or to secrete or dispose of goods or property in his custody; nor shall any member of the Police Department communicate to any person, not a member of the department, any information concerning any order of the Police Department, or any member or members thereof.

10. No member of the Police Department shall withhold any knowledge of any impending crime, but shall communicate such information to Police Headquarters at once, and pending the receipt of orders or assistance, shall take any necessary action to preserve peace.

11. Members of the Police Department must not interfere in civil cases, except to prevent a breach of peace or to quell a disturbance actually commenced.

12. Members of the Police Department required to give testimony or to make official deposition or statement shall state clearly and truthfully all they know respecting the matter inquired of, without fear or favor and with no desire to design or influence the result.

13. Members of the Police Department are required to report to the officer in charge, or in his absence to a superior officer, any change of residence at least 24 hours before it takes effect, giving street number and apartment occupied so that he may be located without delay. Each member is required to maintain telephone service at such place or residence in order that he may be promptly contacted when necessary.

14. When called to a department telephone, each member of the Police Department shall promptly respond by giving his rank and surname; the member calling shall then promptly identify himself in the same manner.

15. Members of the Police Department having official business to transact by correspondence must first report same to the Chief of Police.

16. Employees shall consider their position with the Borough as their primary job. Any outside employment must not interfere with any employee's efficiency in the performance of his duties.

17. Members of the Police Department appearing before the Court in official capacity as an officer shall at all times be attired in the official uniform for the position engaged in while on duty and a jacket and tie if off from regular duty.

18. No member of the Police Department shall order, receive or consume any foods or beverages in public places without making payment for such foods or beverages.

19. All information for publication and matters of public relations of the Department to be released to newspapers, magazines, etc., shall be reported to the Chief of Police for his approval.

20. Members of the Police Department reporting late for duty or special assignment or habitually tardy will be subject to disciplinary action pursuant to Department of Personnel Rules and Regulations.

21. No member of the Police Department shall solicit funds or contributions of any kind by mail, telephone, letter or in person other than pursuant to the provisions of N.J.S.A. 2A:170-20 of the Disorderly Persons Statute.

22. Members of the Police Department are prohibited from acts of participation in politics to the extent outlined in N.J.S.A. 11A:2-23 and the regulations promulgated thereby.

23. All officers shall be required to report in writing to the Chief of Police, through their superior officers, any cases of damage to Borough property, including Police Department equipment. This report shall be in addition to the one submitted by the investigating officer or injured Department member, as the case may be.

24. Every officer is required to give immediate, prompt and courteous attention to any complaint made in person or by telephone, making reasonable efforts to satisfy such complaint.

25. Every member, when reporting for duty, shall wear their respective shields on the outside of the outermost garment worn, over the left breast so that the entire shield is easily and distinctly seen.

26. Every member shall immediately report loss of any shield or other insignia of office or weapon to the Chief of Police.

27. Every member of the Department shall be required to obtain a driver's license from the State of New Jersey and to maintain the same in force as a condition for continued employment.

28. Any officer receiving a subpoena returnable before the Grand Jury or in any Court litigation shall, prior to the date of appearance, review all departmental records and reports relating to the case in which he has been subpoenaed, for the purpose of familiarization, and should review the matter with the Criminal Investigation Division personnel if such a Division has been established and if that Division is concerned.

29. The Borough Manager may require every member, within one year from the date of enactment of this Appendix and once every three years thereafter, to undergo a psychological/psychiatric and medical examination, the examination to be performed in substantially the same manner as that in use for screening of police candidates unless, in the judgment of the psychologist, psychiatrist or doctor, a need for different tests are indicated.

30. Every member shall, upon notification by the Chief of Police that in his judgment such member has shown deviation from normal physical or mental health, be required to submit to individual psychological/psychiatric or physical examinations to aid in determining that member's physical or emotional capacity. Before the member is ordered to submit to a psychological/psychiatric examination, he shall be entitled to a statement of reasons for the examination and a hearing, if requested. The hearing shall be conducted in accordance with the applicable Department of Personnel Rules and Regulations.

31. While on duty or in uniform, members of the Police Department are positively forbidden to use or be under the effects of intoxicating liquors, or to enter any place where intoxicating liquors are sold or furnished except on actual Police duty. Any members finding it necessary in the performance of his duty to enter any such place shall remain no longer than necessary and shall report the occasion to the desk as soon as possible after leaving the place.

32. Superior officers shall notify the Chief of Police or his designee, as well as the Borough Manager concerning the immediate examination of any subordinate reporting for duty or found on duty, in an unfit condition, if such conditions are believed to be due to the use of intoxicants or narcotics.

33. No member of the Police Department shall be allowed to resign while charges are pending against him, except by permission of the Borough Manager.

34. Any member of the Police Department unable to report for duty when so required, because of sickness or injuries, shall report the facts to the officer at the desk by telephone, who shall notify the Borough Manager during normal Borough business hours (9:00 a.m. to 4:00 p.m.) within 24 hours.

35. A patrolman taken sick or injured while on post shall report the fact to Police Headquarters by telephone and remain on post until relieved, unless excused by the officer in charge. If he is unable to report to Police Headquarters or remain until visited by a superior, he shall notify the officer from the adjoining post, and it shall become the duty of such adjoining officer to notify Police Headquarters.

36. Members of the Police Department shall be particular in reporting sickness or injuries promptly to Police Headquarters and the officer receiving such report shall promptly notify the Chief of Police or his designee, and the Borough Manager, so that an examination and record can be made in each case. This should apply to all cases whether causing absence from duty or not. The officer in charge shall make note of same and file a doctor's certificate in the records. The officer shall make note of same in daily blotter.

37. Any member of the Police Department failing to properly report his sickness or injury, or who feigns sickness or injury or in any way deceives as to his real condition, or whose sickness or injury is a result of improper conduct, intemperance, the result of any violation of these rules, shall be subject to loss of full pay during absence and subject to charge of absence without leave.

38. Members who have on sick leave or absent because of injuries will report to their commanding officer immediately upon becoming able to resume their duties, or upon being ordered on duty.

39. Any member of the Police Department having a contagious disease in his home shall immediately report the fact to Police Headquarters.

Section 4 ARREST AND DETENTION OF PRISONERS.

1. When a prisoner is brought to Police Headquarters, charged with the commission of any offense, the officer on duty shall be certain that the act for which the prisoner is charged constitutes an offense for which a person can be lawfully detained, and that there is reasonable grounds for the complaint; he then shall make proper record of the arrest and insure that the prisoner is searched and locked up in accordance with Departmental Supervision and Detention Procedures dated November 21, 1987.

2. When an officer makes an arrest for an indictable offense and knows a crime has been committed and no complaint is made by any other person, it is the duty of such officer to make a sworn complaint against the person.

3. Persons who shall interfere with an officer making an arrest or who shall aid or encourage a prisoner to escape, or who knowingly conceals a person who has committed a crime, should be arrested and prosecuted so as to protect the police in the discharge of their duties.

4. Lawyers who desire to see a prisoner must first obtain permission from the Chief of Police or officer in charge; in such cases the prisoner will be brought to a proper place where he may consult with counsel, properly guarded against escape. No lawyer will be permitted to visit a client in a cell.

5. All members of the Police Department shall follow the Monmouth County Prosecutor's Office guidelines of procedures on search warrants. If a member of the Police Department desires to apply for a warrant because of any offense against himself or his property, permission must be obtained from the Chief of Police, but in no such case shall members serve such warrant. No member of the Police Department shall compound any offense against his person or property nor withdraw a complaint without permission from the County or Municipal Prosecutor, as appropriate.

6. All property taken from prisoners shall be properly labeled and kept for safekeeping; no such property shall be returned without obtaining receipts therefore.

7. Every member who has a person in his custody shall take such steps as shall be reasonably necessary to prevent an escape and to prevent physical injury to the officer or the person in custody.

Section 5 POLICE DUTIES.

1. Every member of this Department shall familiarize himself with the streets of the town, street numbers, the location and numbers of patrol and fire alarm boxes, and the most direct but least congested routes to same.

2. On occasions of riot, or any other disturbance, it shall be the duty of the Police to restore order and disperse the crowd by moderate means of persuasion if possible; if these fail, the offenders must be dispersed by force and the principals arrested. Coolness and firmness is expected of all officers in all cases, and in all cases, and in all times of peril, they must be careful to act in concert and protect each other; shirking responsibility or danger will be deemed sufficient cause for removal from the service.

3. Members of the Police Department shall promptly turn over to the officer in charge all stolen property and any property whatsoever coming in their possession in the discharge of Police duty. All property so turned over must be properly tagged, and stolen property must be properly marked for identification by the officers recovering the same.

4. Prompt and proper cooperation with each other is required of every member of the Police Department.

5. Every member of the Police Department shall cooperate whenever possible with all other Borough departments, report all unlighted street lamps, unguarded street obstructions or dangerous places; cases of persons bitten by dogs, and if an animal is shot, see that the body is not disposed of without the opportunity being given the Health Department for examination; cases of destitution and other matters coming to his attention which should be reported to another department. When reports are transmitted by telephone to other departments, records should be made in the incident reports.

Section 6 ELECTION DUTIES.

1. When detailed to duty at any election, registry or polling place, officers must not interfere in any way unless called upon to perform some Police service; it is an officer's duty on such occasions to preserve the peace, see that an unobstructed passage to the voting booth is kept open for the voters, engage in no political arguments. The law provides that no person shall be permitted to loiter, or do any electioneering within 100 feet of a polling place, and this provision must be enforced by officer.

Section 7 ASSISTANCE TO CITIZENS.

1. Members of the Police Department are required to be courteous to all persons seeking information, answering and assisting them is well as possible, quick to help the aged, infirm and blind, and all persons taken suddenly ill or injured, and temporarily unable to care for themselves; watchful of children at all times, especially before and after school hours, and warn them of the danger of playing in streets or dangerous places.

2. Persons found upon the street or public places in an unconscious condition, or sick and injured, should receive immediate medical attention as needed. A full written report is required of an officer in all such cases.

Section 8 KEEPING OF RECORDS.

1. All books, records, reports and documents of any kind pertaining to the work of the Police Department must be neatly and correctly kept and no erasures will be permitted; if an error be discovered in any of them, it is to be corrected by drawing a pen or pencil mark neatly through the error, then substituting the correction with pen or pencil, and the officer making the correction signs his name thereto.

2. All matters requiring the services of members of the Department shall be reported to the officer of the desk and duly recorded on the Police blotter.

3. All reports shall be followed up expeditiously until final disposition.

Section 9 CHIEF OF POLICE.

1. The Chief of Police shall be the executive officer of the Police Department, subject to orders of the Borough Manager. His orders shall be immediately read or conveyed to members of the Police Department, and shall be obeyed and respected by all members of the Police Department.

2. He shall enforce in the Borough of Keansburg the laws of the State, ordinances of the Borough and rules and regulations and orders of the Borough Manager.

3. He shall have the power to promulgate all orders to the Police Department, not inconsistent with the law or the rules and regulations of the Department. Such orders shall be typewritten or printed, and a copy of each kept on file in his office.

4. He shall be responsible for the efficiency of the Department and general conditions of the personnel, and shall place or cause to be placed in command any officers as he may see fit for the better efficiency of the Department.

5. He shall promptly report to the Borough Manager any member of the Police Department who, by reason of age, disease, accident or any other cause, cannot fully or promptly perform the duties required of him.

6. He may order temporarily any or all of the men of the Police Department to any place in the Borough where their services are required.

7. He shall have the power to grant temporary leave of absences to members of the Police Department, when, in his judgment, the interests of the Department will not suffer by such absence.

8. He shall make monthly reports to the Borough Manager of all transactions of the Department.

9. He shall submit to the Borough Manager for presentation to the Council, at its first meeting each year, a report on the personnel and general conditions of the Department and any recommendations for the improvement of the Police Department and its operation.

10. He shall report to the Borough Manager, in writing, any special service on the part of any member of the Police Department which may be deemed meritorious, or worthy of special mention.

11. Upon the death of any member of the Department, the Chief may select a detail to attend the funeral, unless otherwise ordered by the Borough Manager.

12. General inspection of the entire Department shall be held under his direction at least once a year. The inspection shall include inspection of clothing, equipment, side arms and records of the Department.

13. While on duty, he shall not leave the Borough, without having notice provided to the officer in charge and the Borough Manager, and on such occasions, shall leave a member of the Department in charge of his office.

14. He will investigate all complaints made by citizens or Police officers of any dereliction of duty on part of any member of the Police Department, and immediately thereafter submit a written report to the Borough Manager of his findings.

15. He shall cause periodic inspection of service weapons to be held, check up on all uniforms and at all times enforce the rules and regulations of the Police Department in the performance of Police duties.

16. He shall read or cause to be read to all members of the force under his command, all orders issued by his office, messages of the Borough Manager and such parts of these rules and regulations as he may deem necessary.

Section 10 OFFICER IN CHARGE.

1. The officer in charge shall keep and be responsible for the desk blotter and shall personally record therein all Police business occurring during his hours of duty.

2. An officer in charge shall not permit anyone to remain in the business room at the Police Headquarters, except members of the Department or persons on Police business.

3. The officer in charge shall insure that each prisoner shall be properly searched and articles taken, so that prisoners cannot deface or destroy cells, or any other part of the Police building. He shall be responsible for the proper treatment of prisoners in custody. Under no circumstances shall be permit unnecessary violence to be used in managing prisoners. He shall cause reasonable inspection of cells to prevent escapes or suicide.

4. The officer in charge shall summon medical attention, when a prisoner or other person at Police Headquarters is in need of medical attention. In the event a prisoner is to be detained and sent to a hospital, he shall detail an officer as guard.

5. Whenever any member of the Police Department reports or is reported sick or injured, the officer in charge shall make entry on daily blotter and incident sheet and notify the Borough Manager. If there is any reason to suspect the report is not in good faith, the officer in charge shall immediately inform the Chief in order that a prompt investigation can be made. In addition, the officer in charge shall make a written report to the Chief of all cases of sickness or injury, and a copy shall be forwarded to the Borough Manager by the next regular business day after the member has/is reported sick or injured.

6. The officer in charge shall insure that all prisoners' names are recorded in full in the arrest book and not allow the arresting officer to make such entry. He shall insure that all prisoners who are held for indictable offenses are finger-printed.

7. When on duty, the officer in charge shall be in full regulation uniform as prescribed by regulation and at all other times shall have regulation uniforms in readiness for any emergency or special detail.

8. In all accident cases, it shall be the duty of the officer in charge to see that proper records with full names and addresses are made and sent to the Record Bureau.

9. The officer in charge, in turning over prisoners to Police officers in other cities, shall note on the incident sheet, the rank, names in full and department of the officer or officers to whom a prisoner is delivered and obtain a written receipt for such prisoner.

10. The officer in charge shall cooperate with all Borough Departments whenever possible, consistently with Police rules and regulations, and properly transmit to the proper department all reports received affecting such department and make entry in writing of same.

11. The officer in charge shall refer any person who makes a complaint against any member of the Police Department to the Chief of Police.

12. The officer in charge shall enter all reports as to the status of service of the police cars and the time and place shall also be noted.

13. The officer in charge shall cause the Municipal Building to be checked periodically during the day and night, checking all doors, locks, windows and any other items pertinent to the security of the building.

14. The officer in charge shall perform such clerical duties as may be required of them, remain on duty until relieved, and inform relieving officer of all matters to be attended to during his tour of duty, and also inform the relief officer of all prisoners in custody.

Section 11 PATROLMEN.

1. When going on duty, patrolmen shall proceed to their posts by the quickest and shortest route or any route designated. They shall not engage in unnecessary conversation with other members of the Department or citizens and, in patrolling their posts, should not regularly follow the same route.

2. Each patrolman must examine and become familiar with every part of the post to which he is assigned; vigilantly watch all persons passing his way, acquire such knowledge of the residents, merchants and persons employed on his post as to enable him to readily recognize them, and endeavor to identify persons frequently met on the street at night and to learn their names and residences.

3. Immediately upon reaching post and frequently during the night, and just before leaving the post, patrolmen should carefully examine all doors and lower windows of dwelling houses listed as vacant, and business houses or office buildings to see whether they are properly secured. This examination should include the gate or entrance to any areaway, gratings, etc., by which an entrance might easily be affected. If anything unusual is discovered, a prompt investigation should be made, and the officer in charge at headquarters should be communicated with and efforts made to notify the occupant or owner. Any open entrance should be securely fastened; if it appears there is nothing wrong, make a note of the time, place and circumstances and report same to the officer in charge of desk in writing before going off duty.

4. Patrolmen shall at all times strictly watch the conduct of all known or suspected bad characters in such manner that it would be evident that they are being watched and that detection must follow any attempt to commit a crime.

5. They shall carefully watch all alleged or suspected disorderly or gambling houses and report in writing to the officer in charge all observations or well-founded suspicions of any violations of the law; take particular notice of all persons carrying goods under suspicious circumstances and of the position and numbers of all motor vehicles parked near banks, or in any isolated spot at night, and should circumstances warrant, require an explanation or inspection of goods, interior of motor vehicle, driver's license, identity, etc., taking care to explain such action, make written report, stating time, place, etc., to the officer in charge of desk.

6. Patrolmen shall not sleep while on duty, or leave his post thereof except in immediate discharge of duty, and in such cases, notify the officer in charge as soon as possible.

7. When any responsible person charges another person with the commission of a crime and insists that an arrest be made, and there appears to be sufficient cause for an arrest to be made, patrolmen shall require the accuser to accompany the accused to Police Headquarters and there make and sign a complaint.

8. Patrolmen should make every effort to prevent the commission of assault, breach of the peace or all other offenses which it may seem are about to be committed in his presence, but shall not engage in altercation or argument with any person.

9. It shall be the duty at all times, of the patrolmen to note all conditions affecting the public welfare, safety and convenience, and to report to Police Headquarters as promptly as circumstances require, with sufficient information to enable prompt and appropriate action to be taken, all cases of: Death on streets or public places, fires, vacant and abandoned automobiles, violations of ordinances, vacant and abandoned buildings, failure of street lights, street obstruction, fallen trees, damaged sign posts and poles, water leaks and sewer leaks, accidents, dead animals, Building Code, Fire Department regulations, or rules of the Board of Health, cases of destitution, nuisances and all other irregular or offensive conditions.

10. A Police officer must give his name and shield number to all persons who civilly request same and do so without comment.

11. Patrolmen must learn the location of all fire boxes and accessible telephones on post, require fire hydrants to be kept unobstructed at all times, keep the public welfare in mind and cooperate in every way possible with other Borough Departments when consistent with Police duties; if matters not within the jurisdiction of the Police are reported, informant should be courteously referred to the proper authorities, making note and report of same.

12. When notified by a superior of any dereliction of duty, a patrolman should immediately explain the facts to such superior, and when reporting off duty make a written report of the case to the officer in charge of desk.

Section 12 SPECIAL POLICE.

1. Subject to N.J.S.A. 40A:14-146 et seq., Special Police shall be selected by the Council and assigned to duty by the Chief of Police and shall be under direct supervision of the officer in charge of headquarters.

2. They shall perform all duties ordered by superior in charge of headquarters and be subject to the rules and regulations and orders of the department except where specifically excluded.

Section 13 RADIO PATROL.

1. Members of the Department detailed in radio cards shall at all times, preserve the public peace, prevent crime, detain and arrest violators of the law, protect life and property and enforce the laws of the State of New Jersey and ordinances of the Borough of Keansburg.

2. There shall be no reading newspapers while in uniform when detailed in radio patrol cars.

3. Members assigned to radio patrol shall operate cars at a moderate rate of speed, and in such a manner as will enable them to observe any condition that may require Police action.

4. The members of the crew of radio patrol, assigned to drive, shall see that the radio car is properly supplied with gasoline and oil and be certain that the oil in the engine crankcase be at the proper level. A daily record of mileage covered should be recorded on a log sheet.

5. He shall be chargeable with the enforcement of law, prevention of crime and the arrest of offenders.

6. All members of the radio patrol, when receiving a call, shall answer and notify when arriving, so the time will properly be logged by dispatcher. This rule must be strictly observed and obeyed.

7. Members of the Keansburg Police Department detailed to radio patrol when touring a zone to which they are detailed shall not ignore any violation by another person, such as parking in a bus stop, too near a corner, left to curb, going through a red light, failure to stop at stop sign street, except in answering an emergency call.

8. When answering an accident call, ascertain if any motor vehicle violation was committed, and serve summons, and give summons to person involved in accident when appropriate, noting witnesses.

9. Radio patrol crew in charge shall make a complete report as to owner or occupant of building, property burned, cause or origin of fire if possible, and the extent of damage.

10. All Police officers on a fire detail shall report to the Chief Officer of the Fire Department any unusual significant observation at fires. Promptness in reporting this information may be of material help in confining the fire or rescue of trapped persons.

11. When on a call in case of death by suicide, accident or otherwise, radio car crew shall be in full charge, until the arrival of a superior officer. All members of the Keansburg Police Department shall comply with the Monmouth County Prosecutor's Office policies for law enforcement in handling such matters.

12. All members of the Police Department engaged in radio communication shall refer to themselves and person to whom they are speaking by surname and rank, ie: Officer Smith, Sergeant Jones.

13. The responsibility for reporting in and out of service shall rest with the radio car operator who shall indicate his location.

14. No member of the Police Department shall allow any civilian to ride in police vehicle except on Police Department business or in line of duty.

Section 14 COMMUNICATION OPERATOR.

1. There shall be at all times during the day and night, a person at Police Headquarters assigned to duty as a telephone operator and radio dispatcher. Each telephone operator shall be on duty continuously and during such time shall not leave the switchboard except by permission of superior officer.

2. Each operator, while on duty, shall be responsible for the switchboard and radio, and all incoming and outgoing calls on same. He shall immediately, upon receiving a telephone call, answer the same, giving his name, rank and advising the party calling that it is the Keansburg Police Headquarters, ascertain the name, address and business of the person so calling, and in all cases make a record of such call. He shall immediately answer and transfer all calls from members of the Department to the outside and make record of such calls. Telephone operators shall not, under any circumstances, use the telephone service of the department for personal conversation.

3. When transmitting messages over the Police radio, the operator shall conduct himself according to the rules and regulations of the Federal Communications Commission.

4. Operators shall ascertain the time of arrival of radio cars at destination and the time of return to service, and make the proper entries concerning them on headquarters radio log sheets.

5. Telephone operators must give immediate attention to requests by fire department for special or emergency transmissions.

6. He shall promptly notify patrolmen of all important matters which take place in the Borough and make proper record of same.

7. He shall make a record of all telephone calls, investigations and complaints answered by radio stating the date and time, and obtaining names of all concerned.

Section 15 RULES OF DISCIPLINE.

1. Any officer or member of the Police Department shall be subject to reprimand, loss of pay, suspension from duty, reduction in rank, or dismissal from the service, loss of vacation or such other form of punishment as the circumstances of the case may warrant for violation of any rule, regulation or order governing the Police Department, pursuant to Department of Personnel Rules and Regulations.

2. 

The following acts or derelictions on the part of officers and members of the Police Department are hereby prohibited and made punishable offenses. The acts or derelictions listed are intended to supplement, augment and explain rules and regulations heretofore listed and in no way limits punishable offenses to this list.

(a) Absence from duty without leave.

(b) Aiding any person or persons to escape arrest.

(c) Assaulting a citizen or fellow member of the Department.

(d) Being under the influence of any illegal narcotic or drug, on or off duty.

(e) Conduct contrary to good order and discipline.

(f) Drinking any intoxicating liquor while on duty and/or in any part of his uniform.

(g) Entering any place where intoxicating liquor is sold or furnished while on duty or in uniform, except on actual police duty.

(h) Failing to make the proper duty call to headquarters from a radio while patrolling a post.

(i) Falsifying an official report.

(j) Feigning illness, injury or incapacity to perform required police duty.

(k) Immorality, indecency or lewdness.

(l) Insubordination or disrespect to a superior officer or officials.

(m) Leaving post, duty or assignment without just cause.

(n) Making any false statements in application for appointment to the Police Department.

(o) Mental or physical incapacity to perform required duty.

(p) Negligence in handling or willful damage to public property or waste or loss of Police supplies and equipment.

(q) Not properly patrolling post or radio zone.

(r) Neglect of duty.

(s) Neglecting to pay just debts.

(t) Engaging in political work during working hours, or impairing his efficiency or effectiveness due to such activity outside working hours.

(u) Revealing any proposed Police action or movements or the provisions of any official order without the permission of the Chief of Police.

(v) Reporting late for on or off-duty roll call.

(w) Reporting late for assignment.

(x) Sleeping while on duty.

(y) Reading newspapers, books, and other literature while on duty on foot patrol or in radio patrol car, day or night, except in the line of duty.

(z) Uncleanliness in person or dress.

(aa) Use of indecent, profane, harsh or uncivil language.

(bb) Violation of any criminal law.

(cc) Willful disobedience of orders.

(dd) Willful maltreatment of a prisoner or any other person.

Section 16 HEARING PROCEDURES.

1. Complaint, investigation, notice to accused and suspension pending hearing.

(a) Anyone bringing a complaint against a member of the Police Department shall file a written complaint and submit a report of such to the Chief of Police who will then immediately send a copy of the complaint and report to the Borough Manager.

(b) The Chief of Police shall investigate the complaint and submit a report of such to the Borough Manager, together with a notice of such disposition that he has made or intends to make. This report must be filed with the Borough Manager within five days after the receipt of the complaint.

(c) A copy of the complaint shall be personally served upon the officer so charged, together with a notice of a hearing setting forth the time and place of the hearing.

(d) The Chief of Police may suspend the Police officer with or without pay, in accordance with Department of Personnel Rules and Regulations.

2. Hearing. A hearing shall be afforded by the Borough Manager not less than 10 nor more than 30 days from the date of the service of the complaint of the disciplinary action.

Hearing Procedure:

(a) The Borough Manager shall have the power to subpoena witnesses.

(b) The Borough Manager shall have the benefit of the advice of the Borough Attorney at the hearing.

(c) The Borough Manager may appoint special counsel to prosecute charges and present evidence.

(d) All parties to any hearing shall attend unless excused by the Manager. Every party to a hearing shall be entitled to:

(1) Present his case to any hearing or be represented by legal counsel.

(2) Request the subpoena of witnesses to testify or produce pertinent documentary evidence.

(3) Cross-examine witnesses or other participants in a hearing and any other persons who may have investigated any matter involved in the hearing.

(4) Impeach any witness.

(5) Present any affidavits, exhibits or other evidence which the Borough Manager considers pertinent to the hearing.

3. Conduct of Hearing. In order that all parties may be afforded a fair and equal opportunity to be heard and in order that the Manager may be informed in the matter and be enabled to render a proper determination based on all relevant facts and applicable laws, all hearings shall be conducted in an informal manner, but subject to the following principles:

(a) The Manager shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly cumulative testimony.

(b) The hearing proceeding shall be recorded by a certified shorthand reporter.

4. Findings and decision. The Borough Manager shall render a written decision within 10 days after the conclusion of the hearing and without undue delay and cause a true copy to be recorded in the Council minutes of the hearing and a true copy served upon each party to the hearing, personally or by certified mail. The written decision shall include:

(a) A short statement of the nature of the proceedings,

(b) Names of counsel appearing and witnesses testifying,

(c) Discussions of any of the testimony or evidence which merits special analysis and pertinent statutes or questions of law,

(d) Specific findings of fact,

(e) Specific conclusions based on such findings of fact and applicable laws and rules,

(f) An appropriate Order based on such findings and conclusions.

5. Appeal. Any police officer aggrieved by the decision of the Borough Manager may seek review of the Borough Manager's decision by the Merit Review Board, Department of Personnel.

6. Resignations and Suspensions.

(a) Any member dismissed or resigned from the Department shall immediately surrender to the Chief of Police his shield and other insignia of office, together with all departmental property in his possession.

(b) No member shall, during any period of suspension, wear his uniform or engage in any departmental duty.

Section 17 MISCELLANEOUS PROVISIONS.

1. Membership Status Unimpaired. The membership status, including any and all pertinent rights of seniority, language, official title and tenure of office, of each and every member of the Police Department on the date when this Appendix shall take effect shall not be interrupted or impaired by the enactment or the taking affect of this Appendix.

2. Disclaimer. Should any of the language in this Appendix be inconsistent with the PBA contract with Keansburg or any of the Department of Personnel Rules and Procedures, the PBA contract and the Department of Personnel Rules shall apply.

Section 18 DRUG TESTING POLICY.

[Added 12-12-2018 by Ord. No. 1630]

1. Policy. It is the policy of the Keansburg Police Department that this agency will comply with the Attorney General's Law Enforcement Drug Testing Policy, revised April 2018, and Attorney General's Law Enforcement Directive No. 2018-2, dated March 20, 2018. This policy shall be considered standard operating procedure as required by state law. A copy of the Policy and Directive, respectively, may be accessed at:

http://www.nj.gov/oag/dcj/nipdresources/pdfs/Drug-test-Policy 2018-04.pdf.

http://www.state.nj.us/lps/dci/agguide/directives/ag-directive-2018-2.pdf.

2. Notification to County Prosecutor.

(a) In accordance with the Monmouth County Uniform Policy on drug testing of law enforcement personnel, revised May 1, 2018, the Keansburg Police Department shall comply with the following:

(1) In the event of (1) a positive drug test by an Officer, (2) a refusal by an Officer to take the drug test, or (3) administration of a reasonable suspicion drug test to an officer, this agency's Chief Executive or designee shall provide a confidential written notice to the Professional Responsibility Unit of the Monmouth County Prosecutor's Office within 48 hours. Upon completion of any disciplinary action, this agency shall report the discipline to the Professional Responsibility Unit of the Monmouth County Prosecutor's Office.

(2) By December 31 of each year, this agency shall provide written notice to the Professional Responsibility Unit of the Monmouth County Prosecutor's Office of the dates of testing conducted during the prior year, the total number of sworn officers employed by this agency, the total number of sworn officers tested, and the total number of sworn officers who tested positive.