[Adopted 9-13-1988 by Ord. No. 88-870 (Ch.
85 of the 1966 Code)]
This article shall be known as "The Police Ordinance Establishing Rules, Regulations and Procedures for the Discipline, Suspension and Termination of Members of the Police Department of the Borough of Montvale" and shall be designated as Chapter 84, Article III, of the Code of the Borough of Montvale, County of Bergen, State of New Jersey.
As used in this article, the following terms
shall have the meanings indicated:
The Mayor and Council of the Borough of Montvale, as established
and otherwise defined in the Code of the Borough of Montvale, County
of Bergen, State of New Jersey.
[Amended 3-11-2014 by Ord. No. 2014-1385]
Any police officer who shall violate any statute
of the State of New Jersey or any ordinance, rule or regulation promulgated
by the Borough of Montvale regulating the performance and conduct
of police officers or who shall be charged with an act of insubordination
to a senior officer or who shall otherwise act in a manner inconsistent
with that becoming a police officer, whether committed on or off duty,
shall be subject to the procedures herein established for the discipline,
suspension and termination of police officers.
A.
The Mayor and
Council shall be deemed the appropriate authority before which complaints
for the discipline, suspension or termination of police officers shall
be heard.
B.
Action of the
authority shall be determined by majority vote of a quorum of the
full membership of the Mayor and Council hearing and deliberating
on the complaints brought before said authority.
C.
The governing
body shall render its decision on those complaints brought before
it not later than 30 days from the termination of each proceeding,
which decision shall be in writing, setting forth a statement of findings
of fact, conclusions and action taken by the authority, a copy of
which shall be filed in the office of the Municipal Clerk and served
upon the Chief of Police and member of the Department affected by
said decision.
The governing body shall invoke such penalty
upon a finding of guilt as may be mandated by the legislature of the
State of New Jersey or by ordinance of the Borough of Montvale, provided
that in such cases where no mandatory penalty is prescribed, the governing
body shall impose such penalty as is deemed appropriate, taking into
consideration the severity of the offense and the fitness of the police
officer to continue to function as such as may be mitigated by such
officer's past performance and years of service.
Proceedings before the governing body shall
be commenced upon the written complaint of the Chief of Police or,
upon his failure or refusal to do so, thereupon the written complaint
of the Municipal Administrator, setting forth the name of the police
officer charged with the violation of his duties in performance as
hereinbefore stated and a brief statement of the acts upon which the
disciplinary proceeding has been brought, together with a statement
that the police officer charged shall be entitled to attend the hearing
before the Mayor and Council, whereat he shall be entitled to be represented
by an attorney. Said notice shall further state that, in the event
that the governing body determines that the police officer is guilty
of the violation charged, said officer shall be subject to discipline
in the form of suspension or termination.
A.
Hearings under
the provisions of this article shall be commenced within 30 days after
the service of the written complaint upon the police officer.
B.
A copy of the
complaint shall be filed with the Mayor and Council not later than
five days from its service on the police officer.
C.
Written notice
of the date of hearing shall be served upon the police officer against
whom a complaint has been filed not later than 10 days next preceding
the date scheduled for hearing.
D.
Service upon the
appropriate parties herein shall be made personally or by certified
mail, return receipt requested.
In any instance wherein there is charged a minor
infraction of a rule or regulation or directive of a superior officer
committed in the day-to-day operation of the Police Department, the
officer charged, upon receipt of a written complaint, may waive his
rights under the within proceedings, in which event the Chief of Police
shall determine the penalty to be imposed upon the officer, which
penalty shall not exceed a suspension of more than five working days
without pay, provided further that no such waiver shall be permitted
in those instances wherein there is a likelihood that the penalty
as may be imposed shall exceed such suspension period.
[Amended 3-11-2014 by Ord. No. 2014-1385]
Notwithstanding anything herein to the contrary,
the Chief of Police may suspend summarily any police officer, upon
the service of a complaint and pending hearing, who has been charged
with a violation as aforesaid under such circumstances as, in the
reasonable judgment of the Chief of Police, the continuance of said
police officer in the performance of his duty may result in endangerment
to himself or to members of the public. The suspension shall be deemed
to be "with pay" unless the governing body shall determine, in accordance
with N.J.S.A. 40A:14-149.1, that the suspension should be "without
pay."
In the event that any section, sentence or clause
of this article shall be declared unconstitutional by a court of competent
jurisdiction, such declaration shall not in any manner prejudice the
enforcement of the remaining provisions.
All ordinances and parts of ordinances that
conflict with this article are hereby repealed.
This article shall take effect immediately after
passage and publication according to law.
