[1982 Code § 45-1; Ord. #420; Ord. #94-867, § 2]
There is hereby continued a Police Force which consists of the
previously authorized Police Department established by Ordinance No.
420 on June 13, 1978. The Police Force shall be within the Division
of Police. It shall be the duty and responsibility of the Police Force
of the Borough of Tinton Falls and its members to uphold all laws
of the United States and the State of New Jersey and all ordinances
of the Borough of Tinton Falls within their scope of authority as
authorized by law and ordinance; to maintain the public peace; ensure
the safety and welfare of the residents of the Borough; protect the
lives and health of citizens; protect the rightful ownership and use
of private and public property; investigate and prevent crime; apprehend
offenders where the crime has been discovered in its commission; recover
stolen property; render efficient assistance in the investigation
of offenses; cooperate fully with national, State, County and other
authorized law enforcement agencies and police departments; maintain
up to date, full, correct and detailed description and identifications,
identification data and locations of all known criminals within the
Borough of Tinton Falls to assist in rapid apprehension when required;
and other related duties and responsibilities required by law and
required by police rules and regulations promulgated from time to
time by the Director of the Department of Public Safety.
[1982 Code § 45-2; Ord. #420; Ord. #94-867, § 2;
Ord. #03-1110, § I; Ord. #10-1300; Ord.
No. 2017-1412; amended 7-13-2021 by Ord. No. 2021-1476]
The Police Force shall consist of the following police officers
appointed by the Mayor in the following descending rank and order
of authority, provided such positions have been filled by appointment
pursuant to the terms of this chapter:
[1982 Code § 45-3; Ord. #420; Ord. #94-867, § 3]
The salary of each member of the Police Force shall be in the
amount as may be set by the Mayor and within the guidelines of the
budget.
[1982 Code § 45-4; Ord. #420; Ord. #494; Ord. #94-867,
§ 2]
The Director of Public Safety is hereby authorized to prepare
and promulgate rules and regulations for the day to day administration
of the Police Force. Such rules and regulations shall be written or
printed and shall be known as the "Police Manual of the Borough of
Tinton Falls." The Commanding Officer shall recommend such additional
rules and regulations or amendments to the same as in his judgment
are necessary for the daily administration and conduct of the Police
Force. The Commanding Officer shall record all orders issued by him
as well as all orders issued by the Director, Department of Public
Safety. All written orders shall be included in the Police Manual
of the Borough of Tinton Falls.
[1982 Code § 45-5; Ord. #494; Ord. #94-867, § 2]
a.
Disciplinary Action. Members of the Police Force, regardless of rank,
shall be subject to disciplinary action, according to the nature or
aggregation of the offense, for violating their oath and trust by
committing an offense punishable under the laws or Statutes of the
United States, the State of New Jersey or municipal ordinances; or
for failure, either willfully or through negligence or incompetence,
to perform the duties of their rank or assignment; or for violations
of any general order or rule of the Director of Public Safety or the
Commanding Officer. Disciplinary action in all cases will be decided
on the merits of each case.
b.
Establishing Elements of Violation. Existence of facts establishing
a violation of the law, ordinance 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 orders of the Director or Commanding Officer or in laws
and Ordinances within the cognizance of the Division of Police.
c.
Penalties. The following penalties may be assessed against any members
or employee of the Division of Police as disciplinary action:
d.
Authority to Discipline.
1.
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.
e.
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 Force.
f.
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:
g.
Interdivisional Oral Reprimand. When the supervisory officer of one
unit orally reprimands a member or employee of another unit, he shall
notify the supervisor of the member so disciplined as soon as possible.
He 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.
h.
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.
i.
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 in triplicate containing the
following information:
1.
The name, rank, badge number and present assignment of the person
being disciplined.
2.
The date, time and location of the misconduct.
3.
The section number of the violated rule and common name of the infraction.
4.
A complete statement of the facts of the misconduct.
5.
The punishment imposed or recommended.
6.
The written signature, badge number and rank of the preparing officer
and his position in relation to the member being disciplined.
j.
Distribution of Reports of Disciplinary Action. Reports shall be
distributed as follows by the officer imposing or recommending the
disciplinary action:
k.
Endorsement and Forwarding of 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.
l.
Informing the Person Being Disciplined. The member being disciplined
shall be informed of the charges in writing as provided by N.J.S.A.
40A:14-147.
m.
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 provision of N.J.S.A. 40A:14-147
to 151 inclusive and the municipal ordinances.
n.
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.
o.
Citizen Complaints Against Police Personnel. Complaints by citizens
against members of the force or employees of the Division shall be
processed in accordance with the following rules:
1.
During normal business hours, such complaints shall be referred to
the Commanding Officer.
2.
Other Time. The supervisory officer shall be notified and shall cause
the complaint to be investigated.
3.
Serious Complaints or Allegations. If, in the opinion of the supervisory
officer, the incident is of sufficient gravity, he shall notify the
Commanding Officer regardless of the hour. In addition, he shall take
immediate action necessary to preserve the integrity of the Police
Force and until the arrival of the Commanding Officer.
4.
Investigation of Alleged Misconduct. The member assigned the investigation
of a member of the Force or an employee of the Division shall conduct
a thorough and accurate investigation. Such investigation shall include
signed statements from all parties concerned when necessary and pertinent,
the gathering and preservation of any physical evidence pertaining
to the case and all other information bearing on the matter.
p.
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:
q.
Findings. One of the findings below will be included in the report
of investigation along with any findings of an alleged act of misconduct:
1.
Unfounded. The investigation indicates that the act or acts complained
of did not occur or failed to involve Police Force or Division personnel.
2.
Exonerated. Acts did occur but were justified, lawful and proper.
3.
Not Sustained. Investigation failed to discover sufficient evidence
to prove clearly the allegations made in the complaint.
4.
Sustained. Investigation disclosed evidence sufficient to prove clearly
the allegations made in the complaint.
5.
Not Involved. Investigation established that the subject of the investigation
in the report of investigation and findings was not involved in the
alleged incident.
[Ord. No. 2016-1406 § 1]
The Borough of Tinton Falls authorizes the use of Special Law
Enforcement Officers to assist the regular Police Department in the
performance of its duties and responsibilities subject to the eligibility
criteria and limitations set forth in the Special Law Enforcement
Officers Act, N.J.S.A. 40A:14-146.10 et seq. No Special Law Enforcement
Officers shall be appointed to any term exceeding one year.
a.
No Special Law Enforcement Officer, by virtue of their appointment
as such, shall be or become a regular member of the Police Department.
b.
Special Law Enforcement Officers are considered at-will part-time
employees and can be terminated for cause after adequate hearing,
unless the appointment is for four months or less, in which event
the appointment may be revoked without cause or hearing (N.J.S.A.
40A: 14-146.14).
c.
Every Special Law Enforcement Officer, while on duty, shall abide
by all the rules and regulations of the Police Department and those
policies, general order or standard operating procedures established
by the Chief of Police.
[Ord. No. 2016-1406 § 2]
No person shall be appointed as a Special Law Enforcement Officer
unless the person:
a.
Is a resident of the State of New Jersey during his/her term of appointment.
b.
Is able to read, write and speak the English language well and intelligently
and has a high school diploma or its equivalent.
c.
Is of sound body and of good health.
d.
Is of good moral character.
e.
Has not been convicted of any offense involving dishonesty or that
which would make him/her unfit to serve as a Special Police Officer.
[Ord. No. 2016-1406 § 3]
There shall be the following two classes of Special Police Officers
pursuant to law:
a.
Class 1. Officers of this class shall be authorized to perform routine
traffic detail, spectator control and similar duties. Such officers
shall have the power to issue summonses for disorderly persons offenses,
petty disorderly persons offenses, violations of Borough ordinances
and violations of N.J.S.A. 39:1-1 et seq. The use of a firearm by
an officer of this class shall be strictly prohibited, and no officer
of this class shall be assigned any duties, which may require the
carrying of or use of a firearm. The Chief of Police may authorize
the use of mechanical force weapons, but such Special Law Enforcement
Officers must train and demonstrate proficiency with such mechanical
force weapons with the same frequency as regular Police Officers.
b.
Class 2. Officers of this class are authorized to exercise powers
and duties commensurate with those of a regular Police Officer. The
use of a firearm by such officer may only be authorized upon successful
completion of training and instruction as required by law. The Chief
of Police may authorize the use of mechanical force weapons, but such
Special Law Enforcement Officers must train and demonstrate proficiency
with such mechanical force weapons with the same frequency as regular
Police Officers.
