[1982 Code §§ 3-58, 3-59; Ord. #598; Ord.
#94-867, § 1; Ord. #97-942; Ord. #07-1227; Ord. #2013-1359;
Ord. #2015-1386; Ord. No. 2017-1413; amended 2-15-2022 by Ord. No. 2022-1482; 12-19-2023 by Ord. No. 2023-1508]
a. Establishment of Department of Public Safety, Division of Police,
Rules and Regulation.
1. Department Authority.
(a)
The Department of Public Safety of the Borough of Tinton Falls
is established pursuant to N.J.S.A. 40A:14-118 as amended. The head
of the department shall be the Director. The Director shall be the
appropriate authority for the adoption and promulgation of rules and
regulations under N.J.S.A. 40A:14-118 as amended and shall be responsible
for the coordination of the activities of the department as assigned.
(b)
Division of Police. Within the Department of Public Safety there
is hereby established a Division of Police. The division shall consist
of the previously authorized police department established by Ordinance
No. 420, June 23, 1978. The Tinton Falls Police Department shall after
this be called the "Department".
2. Department Rules.
(a)
Rules and regulations established. The appropriate authority
of the Borough of Tinton Falls hereby adopts and promulgates the department
rules and regulations, known as the Tinton Falls Police Department
Rules and Regulations and after this called the "Rules".
(b)
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 to
revoke any of the rules contained herein.
(c)
Previous rules, policies and procedures. All rules previously
issued, and policies and procedures that are contrary to the rules
contained herein, are hereby revoked. All other policies and procedures
shall remain in force.
(d)
Application. These rules are applicable to all police officers
of the Department and to all civilian employees of the Department
where appropriate.
(e)
Distribution. One copy of these rules shall be distributed to
each employee of the Department.
(f)
Responsibility for maintenance. Employees shall be responsible
for maintaining a current copy of the rules, including all additions,
revisions and amendments as issued.
(g)
Familiarization. Employees shall thoroughly familiarize themselves
with the provisions of the rules. Ignorance of any provision of these
rules will not be a defense to a charge of a violation of these rules.
b. Definitions.
1. AUTHORITY – Shall mean the right to issue orders, give commands,
enforce obedience, initiate action and make necessary decisions commensurate
with rank or assignment as provided for in the Department rules, policies
and procedures. Authority may be delegated by those so designated.
Acts performed without proper authority, or authorization shall be
considered to be in violation of the rules.
2. CHAIN OF COMMAND – Shall mean vertical lines of communication,
authority and responsibility within the organizational structure of
the Department.
3. DAY OFF – Shall mean those days determined by the appropriate
supervisor on which a given employee is excused from duty.
4. DIRECTIVE – Shall mean a document detailing the performance
of a specific activity or method of operation. "Directive" includes:
(a)
GENERAL ORDER – Broadly based directive dealing with policy
and procedure and affecting one or more organizational subdivision
of the department.
(b)
S.O.P. – Standard Operating Procedures describe policy
and procedures relating to various department activities. They outline
the accepted step-by-step instructions for completing a particular
task.
(c)
PERSONNEL ORDER – A directive initiating and announcing
a change in the assignment, rank or status of personnel.
(d)
SPECIAL ORDER – A directive dealing with a specific circumstance
or event that is usually self-canceling.
5. EMPLOYEE – Shall mean all employees of the Department, whether
sworn regular or special police officers or civilian employees.
6. MAY/SHOULD – As used herein words "may" or "should" mean that
the action indicated is permitted.
7. ORDER – Shall mean any written or oral directive issued by
a supervisor to any subordinate or group of subordinates in the course
of police duty.
8. POLICY – Shall mean a statement of Department principles that
provides the basis for the development of procedures and directives.
9. PROCEDURE – Shall mean a written statement providing specific
direction for performing Department activities. Procedures are implemented
through policies and directives.
10. SHALL/WILL – The words "shall" and "will" as used herein, shall
indicate that the action required is mandatory.
11. SUPERVISOR – Shall mean employee assigned to a position requiring
the exercise of immediate supervision over the activities of other
employees.
c. General Duties and Responsibilities.
1. Police officers shall:
(a)
Take appropriate action to:
(i)
Protect life and property;
(iv)
Detect and arrest violators of the law;
(v)
Enforce all federal, state, and local laws and ordinances coming
within Department jurisdiction;
(vi)
Safely and expeditiously regulate traffic;
(vii) Aid citizens in matters within police jurisdiction;
(viii) Take appropriate police action in aiding fellow
officers as needed;
(ix)
Provide miscellaneous services.
(b)
Exercise authority consistent with the obligations imposed by
the oath of office and in conformance with the policies of the Department.
(c)
Abide by all rules, regulations and departmental procedures
and directives governing police officer employees.
(d)
Be accountable and responsible to their supervisors for obeying
all lawful orders.
(e)
Coordinate their efforts with other employees of the Department
to achieve Department objectives.
(f)
Conduct themselves in accordance with high ethical standards,
on and off duty.
(g)
Strive to improve their skills and techniques through study
and training.
(h)
Familiarize themselves with the area of authority and responsibility
for the current assignment.
(i)
Perform their duties promptly, faithfully and diligently.
(j)
Perform all related work as required.
2. Supervisors in the Department shall:
(a)
Enforce Department rules and insure compliance with Department
policies and procedures.
(b)
Exercise proper use of their command within the limits of their
authority to assure efficient performance by their subordinates.
(c)
Exercise necessary control over their subordinates to accomplish
the objectives of the Department.
(d)
Guide and train subordinates to gain effectiveness in performing
their duties.
(e)
Use Department disciplinary procedures when necessary.
(f)
When using discipline, comply strictly with the provisions of
the Department disciplinary process.
3. Commanding Officer.
(a)
The Commanding Officer, appointed by the Director of the Department
of Public Safety, shall be directly responsible for the efficiency
and routine day to day operations of the police force, and, pursuant
to the policies established by the appropriate authority shall:
(i)
Administer and enforce the Rules and Regulations of the Police
Department and any special emergency directives for the disposition
and discipline of the Department and its members and officers;
(ii)
Have, exercise and discharge the functions, powers and duties
of the Police Department;
(iii) With the consent of the Director, prescribe the
duties and assignments of all subordinates and other personnel;
(iv)
Delegate such authority as he may deem necessary for the efficient
operation of the Police Department to be exercised under his direction
and supervision;
(v)
Report at least monthly to the appropriate authority in such
form as shall be prescribed on the operation of the Police Department
during the preceding month and make such other reports as may be requested
by the appropriate authority.
(b)
Responsibilities. The Commanding Officer is responsible to:
(i)
Maintain and delegate such of his authority as he may deem necessary
for the efficient operation of the Department to be exercised under
his direction and supervision.
(ii)
Organize, control and maintain all property and resources of
the Department.
(iii) Implement the policies and procedures necessary
to govern and direct the day to day operations of the Police Department.
(iv)
Provide for the proper training of all Department employees.
(v)
Provide for periodic inspections of all police operations to
insure compliance with Department rules, policies, and procedures.
(vi)
Maintain the overall discipline of the Department.
(vii) Maintain a constructive relationship with the
public, community organizations, the media and other law enforcement
agencies.
(viii) Under the direction of the Director of Public
Safety, prepare and submit the annual budget.
(ix)
Under the direction of the Director of Public Safety, administer
the budget which is appropriated by the governing body.
(x)
Provide for performance evaluations of all Department employees.
4. Civilian employees shall:
(a)
Take appropriate action to perform the duties of their positions
promptly, faithfully and diligently.
(b)
Exercise authority consistent with the obligations imposed by
their position and in conformance with the policies of the department.
(c)
Be accountable and responsible to their supervisors for obeying
all lawful orders.
(d)
Coordinate their efforts with other employees of the Department
to achieve Department objectives.
(e)
Conduct themselves in accordance with high ethical standards,
on and off duty.
(f)
Strive to improve their skills and techniques through study
and training.
(g)
Familiarize themselves with the area of authority and responsibility
for the current assignment.
(h)
Abide by all rules, regulations and Department procedures and
directives governing civilian employees.
(i)
Perform all related work as required.
d. Rules of Conduct.
1. General Conduct.
(a)
Performance of duty. All employees shall promptly perform their
duties as required or directed by law, Department rule, policy or
directive, or by lawful order of a superior officer.
(b)
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 policy.
(c)
Obedience to law and rules. Employees shall obey all laws, ordinances,
rules, policies, and procedures and directives of the Department.
(d)
Withholding information. Employees shall report any information
concerning suspected criminal activity of others.
(e)
Reporting violations of law or rules. Employees knowing of other
employees violating laws, ordinances, or rules of the Department shall
report same in writing to the Commanding Officer through official
channels. If the employee believes the information is of such gravity
that it must be brought to the immediate, personal attention of the
Commanding Officer, official channels may be bypassed.
(f)
Insubordination. Employees shall not:
(i)
Fail or refuse to obey a lawful order given by a supervisor;
(ii)
Use any disrespectful or abusive language or action toward a
supervisor.
(g)
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, officer should be referred
to by rank.
(h)
Compromising criminal cases. Employees shall not interfere with
the proper administration of criminal justice.
(i)
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.
(j)
Posting bail. Employees shall not post bail for any persons
in custody except relatives.
(k)
Use of force. Employees shall follow Department policy and procedure
on the use of force.
(l)
Physical fitness. Police officers shall maintain good physical
condition so that they can handle the strenuous physical activities
often required of a law enforcement officer.
(m)
Driver's license. Employees operating Department motor vehicles
shall possess a valid New Jersey driver's license. Whenever a driver's
license is revoked, suspended, or lost, the employee shall immediately
notify the appropriate supervisor giving full particulars.
(n)
Address and telephone numbers. Employees are required to have
a telephone 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.
2. Orders.
(a)
Issuing orders.
(i)
Manner of issuing orders. Orders from a supervisor to a subordinate
shall be in a clear and understandable language.
(ii)
Unlawful orders. No supervisor shall knowingly issue any order
which is in violation of any law or ordinance.
(iii) Improper orders. No supervisor shall knowingly
issue any order which is in violation of any Department rule, policy,
or procedure.
(b)
Receiving orders.
(i)
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.
(ii)
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.
(iii) Obedience to improper orders. Employees who are
given any order which is contrary to Department rule, policy, or procedure
must first obey the order to the best of their ability, and then report
the improper order as provided.
(iv)
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.
(v)
Reports of unlawful or improper orders. An employee receiving
an unlawful or improper order 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 by the Commanding Officer.
(vi)
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.
3. Police Records and Information.
(a)
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 policy and procedures.
(b)
Department records. Content 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 policy and procedures.
(c)
Reports. No employee shall knowingly falsify any official report
or enter or cause to be entered any inaccurate, false, or improper
information of records of the Department.
4. Gifts, rewards, etc.
(a)
Soliciting or accepting benefits. Employees shall not directly
or indirectly solicit, accept or agree to accept any benefit not allowed
by law to influence the performance of their official duties.
(b)
Rewards. Employees shall not accept any gift, gratuity, or reward
in money or other compensation for services rendered in the line of
duty, except that which may be authorized by law and Department policy.
(c)
Disposition of unauthorized gifts, gratuities. Any unauthorized
gift, gratuity, loan, fee, reward, or other object coming into the
possession of any employee shall be forwarded to the Commanding Officer
together with a written report explaining the circumstances.
5. Alcoholic Beverages and Drugs.
(a)
Consuming alcoholic beverages before duty. Employees shall not
consume alcoholic beverages within four hours prior to reporting for
duty.
(b)
Being under the influence. Employees shall not report for duty
under the influence of any alcoholic beverage.
(c)
Consuming alcoholic beverages on duty. Employees of the Department
shall not consume any alcoholic beverage while on duty.
(d)
Exception. Employees while assigned to duty in civilian clothes
may consume alcoholic beverages only if such consumption:
(i)
Is absolutely necessary in the performance of duty, and
(ii)
Has been approved by the appropriate supervisor, and
(iii) Does not render the employee unfit for proper
and efficient performance of duty.
(e)
Consuming alcoholic beverages off duty in uniform. Employees
shall not consume alcoholic beverages while off duty and in uniform
or any recognizable component of the uniform.
(f)
Alcoholic beverages in police buildings. Alcoholic beverages
shall not, at any time, be consumed in police buildings or facilities,
nor on Borough property without a permit.
(g)
Supervisors' responsibility. Supervisors shall not assign to
duty or allow to remain on duty any employee whose fitness for duty
is questionable due to the use of alcohol or medication.
(h)
Possession of alcoholic beverages. Employees shall not have
alcoholic beverages on their person while on duty or in uniform, nor
in any Police Department building or vehicle, except for evidential
or other authorized purpose.
(i)
Entering licensed premises. Employees in uniform shall not enter
any licensed premises where alcoholic beverages are sold or stored,
except in the performance of duty and in compliance with Department
policy.
(j)
Taking medication on duty. Employees of the Department shall
not take any medication which may diminish their alertness or impair
their senses prior to or after reporting for duty unless directed
by a physician.
(k)
Notification about medication. When employees are required to
take any prescription medication or any nonprescription medication
which may diminish their alertness or impair their senses, the employee
shall notify their supervisor as to the medication required, its properties,
the dosage and the period during which the employee is required to
take the medication. This notification shall be by the prescribing
physician. If the medication is a nonprescription drug, the employee
shall make this notification. The required notification shall be made
prior to the employee reporting for duty. This information so provided
shall be confidential.
6. Duty Conduct.
(a)
Reporting for duty. Employees shall report for duty at the time
and place specified, properly uniformed and equipped.
(b)
Absence from duty. An employee who fails to appear for duty
at the date, time and place specified without the consent of competent
authority is absent without leave. Supervisors shall immediately report
to their supervisor in writing any employee who is absent without
leave.
(c)
Prohibited activity on duty. Employees who are on duty are prohibited
from engaging activities which are not directly related to the performance
of their duty (e.g., sleeping, conducting private business or gambling).
(d)
Smoking while on duty. Employees shall not smoke except in authorized
areas. Employees shall not smoke on duty while in direct contact with
the public.
(e)
Personal radios. The use of portable radios and any other form
of entertainment other than equipment authorized by the Department
is prohibited while on duty.
(f)
Relief. Employees are to remain at their assignments and on
duty until properly relieved by other employees or until dismissed
by competent authority.
(g)
Meals. All meals are to be consumed within authorized areas,
subject to modification by the supervisor.
(h)
Training. Employees shall attend training at the direction of
the appropriate supervisor. Such attendance is considered a duty assignment
unless the prevailing collective bargaining agreement provides otherwise.
(i)
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.
7. Uniforms, Appearance and Identification.
(a)
Regulation uniforms required. All police officers and uniformed
civilians shall maintain uniforms prescribed in Department policy
and procedure. Uniforms shall be kept neat, clean, and well-pressed
at all times.
(b)
Manner of dress on duty. Employees shall wear the uniform or
civilian clothing on duty as prescribed by department policy and procedure
for the employee's current assignment.
(c)
Wearing jewelry on duty. Police officers on duty shall only
wear jewelry that has been approved as outlined in departmental standard
operating procedure SOP 1.21.
(d)
Personal appearance. Employees, while on duty, shall be neat
and clean in person, with uniform or clothes clean and pressed. This
provision shall not prohibit nonuniform officers on duty from dressing
appropriately for the conditions of their current assignment in accordance
with Department policy.
(e)
Wearing or carrying identification. Employees shall wear or
carry their Department identification at all times, provided that
it is practical under the circumstances.
(f)
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.
8. Department Equipment and Property.
(a)
Equipment on duty. Employees shall carry all equipment on duty
as prescribed in Department policy and procedure based on their assignment.
(b)
Equipment off duty. Employees shall carry equipment off duty
as prescribed in Department policy and procedure based on their assignment.
(c)
Firearms. Employees shall follow Department policy and procedure
on the care and handling of firearms.
(d)
Department property and equipment. Employees are responsible
for the proper care of Department property and equipment assigned
to them.
(e)
Use of Department property and equipment. Employees shall not
use any Department property or equipment for personal business or
pleasure.
(f)
Damaged or inoperative property or equipment. Employees shall
immediately report to their supervisors any loss 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.
(g)
Care of Department building. 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.
(h)
Notices. Employees shall not mark, alter or deface any posted
notice of the Department. Notices or announcements shall not be posted
on bulletin boards without permission of the appropriate supervisor,
except those areas designated for use by the collective bargaining
units.
(i)
Use of Department vehicles. Employees shall not use any Department
vehicle without the permission of a supervisor. Department vehicles
shall never be used for personal business or pleasure except as provided
for in Department policy.
(j)
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
policy and procedure regarding same.
(k)
Transporting citizens. Citizens will be transported in Department
vehicles only in conformance with Department policy.
(l)
Reporting accidents. Accidents involving Department personnel,
property, equipment and vehicles must be reported in accordance with
Department policy and procedure.
(m)
Inspection. Departmental property and equipment is and remains
the property of the Department and is subject to entry and inspection
without notice.
(n)
Liability. If Department property is damaged or lost as a 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.
(o)
Surrender of Department property.
(i)
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 nonexpendable item, the
employee will be required to reimburse the Department for the fair
market value of the article.
(ii)
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.
9. Communications, Correspondence.
(a)
Restrictions. Employees shall:
(i)
Not use Department letterheads for private correspondence.
(ii)
Only send correspondence out of the Department under the direction
of the appropriate supervisor.
(b)
Forwarding communications. Any employee who receives a written
communication for transmission to another employee shall forward same
without delay.
(c)
Use of Department address. Employees shall not use the Department
as a mailing address for private purpose. The Department address shall
not be used for any private vehicle registration or driver license.
(d)
Telephones. Department telephone equipment may not be used for
personal use involving toll charges without the express approval of
a supervisor.
(e)
Radio discipline. Employees operating the police radios shall
strictly observe the procedures and restrictions for such operations
as set forth in Department policy and procedure and by the Federal
Communications Commission.
10. Conduct Toward Public.
(a)
Courtesy. Employees shall be courteous and orderly in their
dealings with the public. They shall perform their duties politely,
avoiding profane language and shall always remain calm regardless
of provocation.
(b)
Request for identification. Upon request, employees are required
to supply their identification in a courteous manner.
(c)
Impartiality. Employees shall not exhibit bias or favoritism
toward any person because of race, sex, sexual orientation, creed,
color, national origin, ancestry, or influence.
(d)
Use of derogatory terms. Employees shall not use language that
is derogatory to anyone because of race, sex, sexual orientation,
creed, color, national origin, ancestry, or influence.
(e)
Affiliation with certain organizations prohibited. No employee
shall knowingly become a member of any organization which advocates
the violation of law, or which professes hatred, prejudice, or oppression
against any racial or religious group or political entity, except
when necessary in the performance of duty and at the direction of
the Commanding Officer.
(f)
Representing the Police Department. Employees shall not give
public speeches or demonstrations on behalf of the Department, nor
shall they endorse any product or service as a representative of the
Department without prior approval from the Commanding Officer.
11. Political Activities.
(a)
Employees shall not be candidates for or hold 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 County Prosecutor.
(b)
Employees may contribute funds or any other thing of value to
candidates for public office subject to the provision of law governing
such contributions.
(c)
Employees shall not engage in any political activity while on
duty or while in uniform, or at any other time if to do so would conflict
with their duties or impair their ability to perform their duties.
(d)
Employees shall not directly or indirectly use or attempt to
use their official position to influence the political activity of
another person.
(e)
Employees shall not engage in any polling duties except in the
performance of their official duties.
(f)
Employees shall not display any political material on any government
property or on their person while on duty or in uniform.
12. Judicial Appearance and Testimony.
(a)
Duty of employee to appear and testify. Employees shall appear
and testify on matters directly related to the conduct of their office,
position or employment before any court, grand jury, or the State
Commission of Investigation.
(b)
Subpoena. 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 officials.
(c)
Court appearance. When appearing in court on Department business,
employees shall wear either the Department uniform or appropriate
business attire.
(d)
Testifying for the defendant. Any employee subpoenaed to testify
for the defense or against the municipality or Department in any hearing
or trial shall notify the appropriate supervisor immediately upon
receipt of the subpoena.
(e)
Department investigations. Employees are required to answer
questions, file reports, or render material and relevant statements
in a Department investigation when such questions and statements are
directly related to job responsibilities. Employees shall be advised
of and permitted to invoke all applicable constitutional and statutory
rights, including consultation with their designated representative.
(f)
Truthfulness. Employees are required to be truthful at all times
whether under oath or not.
(g)
Civil action, subpoenas. Employees shall not volunteer to testify
in civil actions arising out of Department employment and shall not
testify unless subpoenaed. If the subpoena arises out of Department
employment or if employees are informed that they are a party to a
civil action arising out of Department employment, they shall immediately
notify the appropriate supervisory.
(h)
Civil depositions and affidavits. Employees shall confer with
the appropriate supervisor before giving a deposition or affidavit
on a civil case relating to their police employment.
(i)
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 County Prosecutor.
(j)
Civil process. Employees shall not serve civil process or assist
in civil cases unless such service is approved by the appropriate
supervisor.
e. Personnel Regulations.
1. Hours of Duty. Employees shall have regular hours assigned to them
for active duty, and when not so employed, they shall be considered
off duty. Employees are subject to be recalled to duty as needed.
2. Scheduled Days Off. Employees are entitled to days off pursuant to
appropriate collective bargaining agreement and are to be taken according
to a schedule arranged by the appropriate supervisor.
3. Vacation Leave. Employees are entitled to vacation days off pursuant
to appropriate collective bargaining agreements, Department policy
and procedure, and approval of the vacation schedule by the appropriate
supervisor.
4. Other Leaves. Employees are entitled to other leave as provided for
in collective bargaining agreements, by law and by Department policy
and procedure, subject to approval of the schedule by the appropriate
supervisor.
5. Sick Leave. Employees are entitled to sick days off pursuant to appropriate
collective bargaining agreements and Department policy and procedures.
6. Abuse of Sick Leave. Employees who take sick leave in violation of
Department policy shall be subject to disciplinary action.
7. Suspension of Leave. Any vacation leave, scheduled day off, or other
leave of absence may be suspended when an emergency which reasonably
could not have been foreseen is declared by appropriate Department
authority, and which unavoidably requires utilization of additional
employees who are not scheduled to work.
8. Secondary Employment.
(a)
Secondary employment. Employees may engage in secondary employment
consistent with Department policy.
9. Resignation.
(a)
Resignation to be in writing. All resignations of employees
must be in writing and bear the signature of the person resigning.
Employees shall provide the Commanding Officer with no less than two
weeks' written notice.
f. Discipline.
1. Disciplinary Action.
(a)
Disciplinary action. Employees, regardless of rank, shall be
subject to disciplinary action, according to the nature of aggravation
of the offense, for:
(i)
Incompetency, inefficiency or failure to perform duties;
(iii) Inability to perform duties;
(iv)
Chronic or excessive absenteeism or lateness;
(vi)
Conduct unbecoming a public employee;
(viii) Misuse of public property, including motor vehicles;
(b)
Repeated violations. Repeated violations of the rules of conduct
shall be indicative of employees' disregard for their duty and may
be cause for dismissal. This shall apply regardless of the type or
severity of the offenses.
(c)
Establishing elements of violation. Existence of facts establishing
a violation of the law, ordinances or rules is all that is necessary
to support any allegation of such as a basis for disciplinary action.
Nothing in this section prohibits disciplining or charging members
or employees merely because the alleged act or omission does not appear
herein, in order of the Director or Commanding Officer or in laws
and ordinances within the cognizance of the Division of Police.
(d)
Penalties. The following penalties may be assessed against any
member or employee of the Division of Police as disciplinary action.
(iii) Voluntary surrender of time off in lieu of other
action.
(iv)
Voluntary surrender of accumulated overtime in lieu of other
action.
(vii) Removal from the Division.
(e)
Authority to discipline. Within the limitations set forth in
N.J.S.A. 40A:14-147 to 151 inclusive, and municipal ordinances, the
Police Force disciplinary authority and responsibility rests with
the Commanding Officer with the right of appeal to the Director, Department
of Public Safety.
Other supervisory personnel may take the following disciplinary
measures:
(i)
Oral reprimand subject to the approval of the Commanding Officer.
(ii)
Written reprimand, subject to the approval of the Commanding
Officer.
(iv)
Written recommendations for other penalties.
(f)
Emergency suspension. Any command or supervisory officer shall
have the authority to impose emergency suspension until the next business
day against a member or employee when it appears that such action
is in the best interest of the Police Department.
(g)
Emergency interdivisional disciplinary action. When improper
conduct of a member or employee of one unit is of such a nature that
immediate or emergency disciplinary action is required of supervisory
officer of another unit, such action may be taken at once within the
following limitations:
(ii)
Emergency suspension until the next business day.
(h)
Interdivisional oral reprimand. When the supervisory officer
of one unit orally reprimands a member or employee of another unit,
he/she shall notify the supervisor of the member so disciplined as
soon as possible. He/she shall also submit a written report of his
action and reason therefor to the Commanding Officer and also to the
supervisory officer of the member or employee.
(i)
Follow-up on emergency suspension. A member or employee receiving
an emergency suspension shall be required to report to the commanding
officer on the next business day at 9:00 a.m. unless otherwise directed
by competent authority. The supervisory officer imposing the suspension
shall also report to the Commanding Officer at the same time.
(j)
Reports of disciplinary action taken or recommended. Whenever
disciplinary action is taken or recommended (except for oral reprimand),
a written report must be submitted immediately containing the following
information:
(i)
The name, rank, badge number and present assignment of the person
being disciplined.
(ii)
The date, time and location of the misconduct.
(iii) The section number of the violated rule and common
name of the infraction.
(iv)
A complete statement of the facts of the misconduct.
(v)
The punishment imposed or recommended,
(vi)
The written signature, badge number and rank of the preparing
officer and his position in relation to the member being disciplined.
(k)
Distribution of reports of disciplinary action. Reports shall
be distributed as follows by the officer imposing or recommending
the disciplinary action:
(i)
Original to the Commanding Officer through the chain of command.
(ii)
Duplicate to the subject's supervising officer.
(iii) Triplicate retained by the officer imposing or
recommending the disciplinary action.
(l)
Endorsement and forwarding disciplinary reports. Each level
in the chain of command must endorse and forward reports bearing on
disciplinary matters. Such endorsement may be one of approval, disapproval
or modification. No member or employee shall alter or cause to be
altered or withdrawn any disciplinary report. Disciplinary reports
in transit through the chain of command shall not be delayed but must
be reviewed, endorsed, and forwarded as soon as possible. Disciplinary
reports shall be filed in accordance with current Department directives.
(m)
Informing the person being disciplined. The member being disciplined
shall be informed of the charges in writing as provided by N.J.S.A.
40:14-147.
(n)
Appeals from penalties. Appeals from penalties imposed as disciplinary
measures may be taken before the Director, Department of Public Safety
and shall be in accordance with the provisions of N.J.S.A. 40A:14-147-151
inclusive and the municipal ordinances.
(o)
Misconduct observed by police personnel. Whenever any command
or supervisory officer observes or is informed of the misconduct of
another member of the force or employee of the Division which indicates
the need for disciplinary action, he shall authorize the necessary
action and render a complete written report of the incident and his
actions to his supervising officer.
(p)
Citizen complaints against police personnel. Complaints by citizens
against members of the force or employees of the Division shall be
processed in accordance with Internal Affairs S.O.P. 1.03.
(q)
Reports of investigation of alleged acts of misconduct. An alleged
act of misconduct must be investigated and the results of the investigation
must be submitted in a written report entitled "Report of Investigation
and Findings." The investigating member shall summarize the pertinent
facts, including:
(i)
A summary of the complaint or alleged act of misconduct.
(ii)
Pertinent portions of the statements of all parties to the incident.
(iii) A description of the incident physical evidence
and other evidence important to the case.
(iv)
The observations and conclusions of the investigating member.
(r)
Findings. One of the findings below will be included in the
report of investigation along with any findings of an alleged act
of misconduct:
(i)
Unfounded. The investigation indicates that the act or acts
complained of did not occur or failed to involve police force or Division
personnel.
(ii)
Exonerated. Acts did occur but were justified, lawful and proper.
(iii) Not sustained. Investigation failed to discover
sufficient evidence to prove clearly the allegations made in the complaint.
(iv)
Sustained. Investigation disclosed evidence sufficient to prove
clearly the allegations made in the complaint.
(v)
Not involved. Investigation established that the subject of
the investigation in the report of investigation and findings was
not involved in the alleged incident.
g. Special Duty Assignments for Police Officers.
1. Approval of Assignment. Any and all extra duty assignments by police
personnel shall be determined and approved by the Chief of Police
or his designee. The taking of any and all special duty assignments
shall be on a first come, first serve basis and scheduled by a member
appointed by PBA Local 251, and/or in accordance with any Collective
Bargaining Agreement entered into between the Borough and the appropriate
PBA local. No police officer shall perform special duty assignments
for private or non-law enforcement entities for compensation other
than through the procedure in this section. The Chief or designee
shall obtain such information as he determines necessary and is authorized
to approve such special duty police assignments. The Chief or designee
may deny the assignment or use of police officers or vehicles and/or
impose any condition or requirement as in his sole discretion and
determination are in the best interest of the Borough and/or police
officers or public safety. The Chief or designee shall be guided by
the nature of the assignment and may refuse to approve those with
conflict of interest and/or significant risk of injury. The Chief
or designee may assign a police vehicle or appropriate equipment for
use in performing special duty if it is determined that the use is
necessary to perform the contracted duty. This paragraph f does not
apply to assignments or work performed for or at the direction of
any Special Task Force or similar assignments by the Monmouth County
Special Task Force or similar assignments by the Monmouth County Prosecutor
or other law enforcement agencies, except that payments to the officers
performing such assignments may be made by such law enforcement agencies
through the Borough Special Duty Police Fund subject to the approval
of the Municipal Finance Officer.
2. Status of Assignment.
(a)
The work to be performed shall be considered "special assignments
for independent contractors" and will not be considered a direct assignment.
The taking of any and all special duty assignments shall be on a voluntary
basis in accordance with a fair and reasonable system administered
by the Chief or assignee.
(b)
Officers engaged in special duty assignments shall be deemed
on-duty for all purposes, including but not limited to workers' compensation,
public liability, and third party claims for damages, and the officers
performing such duties shall conform to all Police Department rules,
regulations and procedures. All special duty assignments shall be
contracted for in writing by the completion of a contract form, which
contract shall be kept on record.
(c)
All special duty assignments shall be within the Borough of
Tinton Falls, unless specific written approval is given by the Chief
to the officer to work outside of the Borough. The Chief may contact
adjoining municipal police departments to see if their officers are
willing to perform such special assignments outside of Tinton Falls,
before allowing Tinton Falls officers to perform assignments outside
of Tinton Falls. This does not apply to assignments crossing municipal
boundaries in which the work is partially performed in Tinton Falls.
(d)
Private parties or attorneys who utilize police officers in
civil cases by subpoena will be responsible to reimburse the Borough
for the costs incurred for the officers' time while complying with
the subpoena. The time incurred will be billed by the Borough to the
requesting private attorney or party at the rate established for special
duty assignments. Officers will continue to be compensated by the
Borough as per past practice and the collective bargaining agreement
for time responding to subpoenas. This paragraph does not apply to
internal administrative or disciplinary matters in which reimbursement
to the Borough is not applicable.
3. Payments.
(a)
All payments for special duty assignments shall be deposited
in and made through the Special Duty Police Fund established by the
Municipal Financial Officer, from which payment shall be made to the
individual police officers performing such service. All payments from
the Trust Fund shall be made to the police officers in a timely manner
as provided by law, subject to required deductions and an administrative
fee to be retained by the Borough. Any dispute between the contractor
and the police officer on assignment as to service required or compensation
due shall be decided by the Chief and his decision shall be final
and binding.
(b)
All requests by private and/or non-law enforcement parties for
special duty services shall be made in writing at least two business
days before the services are to commence, except in the event of exigent
circumstances this time period may be waived by the Chief or designee.
Upon filing the request, the requesting party shall deposit with the
Borough, or have on deposit, in the Special Duty Police Fund at lease
sufficient funds to pay for the services requested, including all
administrative charges. The amount required to be deposited shall
be subject to the determination and approval of the Chief or his designee,
and must at all times be sufficient to pay for special duty services
before said services are rendered and no services shall be rendered
unless prepaid.
(c)
Parties that utilize special duty services on a regular basis
for a week or longer shall maintain a minimum balance of the average
weekly expenditure in the Fund. Parties that utilize special duty
services on a regular or frequent basis shall maintain a minimum deposit
of $500 in the Fund. The Chief or designee shall have the authority
to determine the appropriate minimum balance for a particular party
utilizing services to ensure adequate funds are on deposit to timely
pay the officers and administrative fees for services provided.
(d)
No services shall be rendered for any party that does not have
funds on deposit sufficient to cover the services. No services shall
be rendered to any party that is delinquent on payment for past services
rendered. Delinquent parties shall be liable for interest at 18% on
any funds noticed to the party as delinquent together with any damages
or attorney fees or costs incurred by reason of their delinquency.
(e)
Any assignment canceled by a private party on less than four
hours' notice shall be charged against the party for the minimum hours
for the assignment.
(f)
The hourly rate/charges shall be set and coordinated in accordance
with such current hourly rate and charges payable to participating
police officers as set forth in the Collective Bargaining Agreement
entered into between the Borough and the appropriate PBA local, as
may be amended under that Collective Bargaining Agreement and approved
by the Administrator under paragraph 7 of such Collective Bargaining
Agreement presently in effect or as may hereinafter be supplemented
or amended. The current charges are as follows:
(i)
All assignments: $90 per hour, plus $18 per hour administrative
fee.
(ii)
No special duty assignment shall be less than four hours in
length unless authorized by the Chief of Police as a special circumstance.
4. Emergencies.
(a)
The Chief or designee has the authority to order any police
officer to vacate or terminate any special duty assignment in response
to emergent situations or whenever the assignment creates an unacceptable
risk to health, safety and welfare of the police officer and/or public
in the sole determination and discretion of the Chief or designee.
The contractor shall not be responsible for any compensation for the
time the police officer is away from the special duty assignment,
and shall have no claim for any costs or damages against the Borough,
the Chief or any police officer arising from the termination of any
special duty assignment other than the prorated return of any fee
prepaid to the Borough for the time.
(b)
The Borough shall be responsible to provide all necessary insurance
coverage required by law, including but not limited to workers' compensation,
public liability, and claims for damages for personal injury including
death or damage to property which may arise as a result from the municipality's
performance under the contract.
[1982 Code § 3-60; Ord. #598; New]
Fire fighting services are supplied by Fire Districts within
the Borough. Fire District #1 currently consisting of Pinebrook and
Wayside Fire Companies. Fire District #2 currently consisting of North
Engine #4 and Tinton Falls Fire Companies.
The boundaries of said Districts are described in Ordinance
No. 87-637 on file in the Borough Clerk's Office.
[Ord. #03-1100, § 1; Ord. #06-1208, § 1;
Ord. #07-1225]
a. Establishment. There is hereby established in the Borough of Tinton
Falls a Length of Service Award Program (LOSAP) to reward members
of the Emergency Medical Service Squads for their loyal, diligent
and devoted service to the residents of the Borough of Tinton Falls.
This LOSAP is created pursuant to the "Emergency Service Volunteer
Length of Service Award Program Act," N.J.S.A. 40A:14-183 and the
regulations promulgated thereunder at N.J.A.C. 5:30-14.1 et seq.
b. Definitions. For purposes of this section, the operative words and
terms shall have the meanings set forth in N.J.S.A. 40A:14-184 and
N.J.A.C. 5:30-14.1, as those provisions may be amended and supplemented
from time to time.
c. Description of LOSAP. The Borough of Tinton Falls LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member that meets the criteria set forth in subsection
2-12.4d. Such contributions shall be made in accordance with a plan that shall be established by the Borough Council pursuant to N.J.S.A. 40A:14-183 et seq. and such plan shall be administered in accordance with the laws and regulations of the State of New Jersey pertaining thereto, the United States Internal Revenue Code and this section. The plan shall have the following provisions:
1. Benefits will become fully vested upon the completion of five years
of active volunteer emergency service.
2. There shall be a forfeiture provision for a break of service of more
than two consecutive years prior to vesting.
3. Benefits shall be payable after five years of service at age 55 or
upon another qualifying event pursuant to law.
4. As required by N.J.S.A. 40A:14-188, points will be awarded according
to certain criteria. To qualify for the full award for a calendar
year under the plan, an active volunteer shall be required to accrue
a minimum of 100 points in that calendar year.
d. Criteria. The Borough of Tinton Falls LOSAP shall provide for annual
contributions to each eligible active volunteer member of the first
aid squad who meets the following criteria:
1. Must be an active member of the Tinton Falls EMS.
2. The amount of the award for a year under the program shall be based
upon the points accrued in a calendar year in accordance with the
following point schedule:
First Aid Call Response
|
All calls must have a county case number
|
5% of yearly calls
|
50 points
|
10% of yearly calls
|
55 points
|
15% of yearly calls
|
60 points
|
A maximum of 60 points can be earned for answered
calls
|
Ambulance Check-Outs
|
A minimum of 12 ambulance checkouts will earn 20
points
Making less than 12 check-outs will earn you zero
points
|
20 points
|
Each additional ambulance check-out over 12 will
earn 2 points each
Maximum of 12 points (32 points) total
|
12 points
|
Training
|
Training sessions at the squad house will earn 2
points for each session
A maximum of 11 sessions will earn you 22 points
|
22 points
|
Approved off-site training sessions will earn you
1 point per 1 hour of training
A maximum of 30 points can be earned
|
30 points
|
Business Meeting Attendance
|
2 points per meeting for a maximum of 12 meetings
|
24 points
|
Holding Office
|
Officers are: Captain, Lieutenants, Sergeants, President,
Vice President, Treasurer, Secretary, Trustees
Holding 1 or more offices will earn you a maximum
of 10 points
|
10 points
|
Attendance at Special Events
|
Example of events can be football games, Health
Fair, races, Community Day etc.
You can earn 2 points per event for a maximum of
10 points
|
10 points
|
Committee Participation
|
Active participation in a committee meeting will
earn you 1 point per meeting. The President or Captain must approve
all meetings to earn a maximum of 10 points.
|
10 points
|
Longevity Bonus
|
For every 5 years of service, 10 points earned
|
10 points
|
5 to 9 years of past service
|
10 points
|
10 to 14 years of past service
|
20 points
|
15 to 19 years of past service
|
30 points
|
20 to 24 years of past service
|
40 points
|
25 to 29 years of past service
|
50 points
|
30 years of past service
|
60 points
|
Miscellaneous
|
Example of miscellaneous is building clean-up, taking
equipment or rig for repairs, fund raising activities, attendance
at county and 16th District Meetings, etc.
2 points per activity for a maximum of 16 points
|
16 points
|
Vesting Requirements
|
5 years of qualified LOSAP service is required to
be vested for LOSAP Contributions. However, during the 5 year qualification
period, a voluntary absence or no more than 2 years will allow you
to return to active LOSAP service, and complete the balance of the
5 year qualification for vesting.
|
e. Contributions. The Borough of Tinton Falls LOSAP shall provide for
annual contributions in the amount of $1,150 subject to periodic consumer
price index increases, if so determined by the Borough Council of
the Borough of Tinton Falls pursuant to law.
f. Estimated Costs. The estimated cost of the Borough of Tinton Falls
LOSAP program has been calculated as follows:
1. For annual contributions to active volunteer members: $1,150 per
year.
g. Effective Date. This section shall take effect on January 1, 2004;
provided, however, that it is approved by the voters of the Borough
in a public question to be placed on the ballot of the General Election
to be held on November 4, 2003.