[Ord. 3-29-95; Ord. No. 02-06; Ord. No.
08-17; amended 3-14-2018 by Ord. No. 02-2018]
a. There is hereby created in and for the Borough of East Newark a Police
Department which shall consist of no more than one Chief of Police,
two Sergeants, and 10 patrol officers to be appointed to these positions
by the Mayor and Borough Council.
b. The Police Department shall preserve the public peace; protect life
and property; detect, arrest and prosecute offenders of the laws of
New Jersey and the ordinances of the Borough of East Newark; direct
and control traffic; provide attendance and protection during emergencies;
provide appearances in court; cooperate with all other law enforcement
agencies; and provide training for the efficiency of its members and
officers. (N.J.S.A. 40A:14-152)
c. The Public Safety Committee shall be designated as the Appropriate
Authority as provided in the New Jersey Statutes. The Appropriate
Authority shall be responsible for the overall performance of the
Police Department. The Appropriate Authority shall adopt and promulgate
rules and regulations for the government of the Police Department
and for the discipline of its members. (N.J.S.A. 40A:14-118)
d. The Chief of Police shall be the head of the Police Department and
shall be directly responsible to the Appropriate Authority for its
efficiency and day-to-day operations. Pursuant to policies established
by the Appropriate Authority, the Chief of Police shall:
1. Administer and enforce the rules and regulations of the Police Department
and any special emergency directive for the disposition and discipline
of the Department and its members and officers;
2. Have, exercise and discharge the functions, powers and duties of
the Police Department;
3. Prescribe the duties and assignments of all members and officers;
4. Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the Chief's
direction and control; and 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 necessary (N.J.S.A. 40A:14-118).
e. No member or officer of the Police Department shall be suspended,
removed, fined or reduced in rank for any cause other than for incapacity,
misconduct or disobedience as provided in the New Jersey Statutes
and the Police Department's Rules and Regulations. (N.J.S.A. 40A:14-147)
f. No person shall be appointed to the Police Department who is not
qualified as provided in the New Jersey Statutes. The Appropriate
Authority may also require that an applicant for appointment to the
Police Department shall successfully complete a physical, mental and
psychological examination. (N.J.S.A. 40A:14-122 and N.J.S.A. 40A:14-127)
g. The Mayor and Borough Council may appoint from time to time special
law enforcement officers in accordance with New Jersey Statutes for
terms not exceeding one year. They shall possess and exercise all
the powers and duties provided by said statutes during their term
in office, but shall not be continued as regular members of the Police
Department and shall not be entitled to tenure. The Chief of Police
may authorize special law enforcement officers when on duty to exercise
the same powers and authority as regular members of the Police Department
including the carrying of firearms and the power of arrest. (N.J.S.A.
40A:14-146.8 et seq.)
a. Police Department Authority.
1. The Police Department of the Borough of East Newark is established pursuant to N.J.S.A. 40A:14-118 and Chapter
2, §
2-19 of the Borough Code. The Borough of East Newark Police Department shall after this be called the "department."
b. Department Rules.
1. Rules and Regulations Established. The appropriate authority of the
Borough of East Newark hereby adopts and promulgates the department
Rules and Regulations, known as the Borough of East Newark Police
Department Rules and Regulations and after this called the "Rules."
2. 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.
3. Previous Rules, Policies and Procedures. All rules previously issued,
and policies and procedures that are contrary to the rules contained
herein, are hereby revoked to the extent of any inconsistency. All
other policies and procedures shall remain in force.
4. Application.
(a)
These rules are applicable to all police officers of the department
and to all civilian employees of the department where appropriate.
(b)
All general orders, directives, special orders (including those
on Departmental forms) and manuals not in conflict with these police
regulations shall have the same authority as police regulations.
(c)
Police policy or general orders shall not be canceled, amended,
or issued without the approval and signature of the Chief of Police.
(d)
Failure of an officer or employee either willfully or through
negligence or incompetence to perform the duties of his/her rank or
assignment, or violation by an officer or a civilian employee of any
Department regulation or order, may be considered sufficient cause
for disciplinary action.
5. Distribution. One copy of these rules shall be distributed to each
employee of the department.
6. Responsibility for Maintenance. It is the continuing responsibility
of each employee to maintain a current copy of the rules, including
all additions, revisions and amendments as issued.
7. 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.
It is the continuing responsibility of each employee to seek clarification
through the chain of command for any rule which is not fully understood.
As used in this section, the following terms shall have the
meanings indicated:
AUTHORITY
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.
CHAIN OF COMMAND
Vertical lines of communication, authority and responsibility
within the organizational structure of the department.
DAY OFF
Those days determined by the appropriate supervisor on which
a given employee is excused from duty.
DIRECTIVE
A document detailing the performance of a specific activity
or method of operation. "Directive" includes:
a.
GENERAL ORDERBroadly based directive dealing with policy and procedure and affecting one or more organizational subdivisions of the department.
b.
SPECIAL ORDERA directive dealing with a specific circumstance or event that is usually self-canceling.
c.
PERSONNEL ORDERA directive initiating and announcing a change in the assignment, rank or status of personnel.
EMPLOYEE/MEMBER
All employees or members of the department, whether sworn
regular or special police officers or civilian employees.
MAY/SHOULD
As used herein, words "may" and "should" mean that the action
indicated is permitted.
ORDER
Any written or oral directive issued by a supervisor to any
subordinate or group of subordinates in the course of duty.
POLICY
A statement of department principles that provides the basis
for the development of procedures and directives.
PROCEDURE
A written statement providing specific direction for performing
department activities. Procedures are implemented through policies
and directives.
SENIORITY
Seniority in the Department is established first by rank
and second by time served in rank, whether on a regular, assigned
or temporary basis. Where conflict occurs because of identical service
or dates of appointment, the member with the higher position on the
appointment eligibility list from which the appointments were made
is deemed to be the senior. In situations requiring decision or control
where the officers are of equal rank, the senior will make the decision
and exercise control unless otherwise directed by a higher-ranking
command or supervisory officer.
SHALL/WILL
The words "shall" and "will," as used herein, shall indicate
that the action required is mandatory.
SUPERVISOR
Employee assigned to a position requiring the exercise of
immediate supervision over the activities of other employees.
a. Rank and Seniority.
1. When officers are of the same grade, they shall rank according to their seniority determined by time in rank. When two or more officers are appointed to the same grade on the same day, each shall rank according to this respective position on the eligibility list, and the officer with the higher position on the eligibility list shall be given the lower Departmental identification number, which shall be determinative of seniority in accordance with §
2-19.3 above.
2. Rank Established. Rank in the East Newark Police Department shall
descend in the following order:
(d)
Class II Special Law Enforcement Officer (SLEO II).
b. Police officers shall:
1. Take appropriate action to:
(a)
Protect life and property;
(d)
Detect and arrest violators of the law;
(e)
Enforce all federal, state, and local laws and ordinances coming
within department jurisdiction;
(f)
Safely and expeditiously regulate traffic;
(g)
Aid citizens in matters within police jurisdiction;
(h)
Take appropriate police action in aiding fellow officers as
needed.
(i)
Provide miscellaneous services.
2. Support and defend individual protections, rights and privileges
guaranteed by the Constitutions of the United States and New Jersey.
3. Exercise authority consistent with the obligations imposed by the
oath of office and in conformance with the policies of the department.
4. Abide by all rules, regulations and departmental procedures and directives
governing police officer employees.
5. Be accountable and responsible to their supervisors for obeying all
lawful orders.
6. Coordinate their efforts with other employees of the department to
achieve department objectives.
7. Conduct themselves in accordance with high ethical standards, on-
and off-duty.
8. Strive to improve their skills and techniques through study and training.
9. Familiarize themselves with the area of authority and responsibility
for the current assignment.
10. Perform their duties promptly, impartially, faithfully and diligently.
11. Perform all related work as required.
c. Supervisors in the department shall:
1. Enforce department rules and insure compliance with department policies
and procedures.
2. Exercise proper use of their command within the limits of their authority
to assure efficient performance by their subordinates.
3. Exercise necessary control over their subordinates to accomplish
the objectives of the department.
4. Guide and train subordinates to gain effectiveness in performing
their duties.
5. Use department disciplinary procedures when necessary.
6. When using discipline, comply strictly with the provisions of the
department disciplinary process.
d. Chief of Police.
1. Pursuant to N.J.S.A. 40A:14-118 and municipal ordinance, the Chief
of Police shall be the head of the Police Department and shall be
directly responsible to the appropriate authority for the efficiency
and day-to-day operations of the department. Pursuant to policies
established by the appropriate authority, the Chief of Police shall:
(a)
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 offers;
(b)
Have, exercise and discharge the functions, powers and duties
of the Police Department;
(c)
Prescribe the duties and assignments of all members and officers;
(d)
Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the direction
and control of the Chief; and
(e)
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.
2. Responsibilities. The Chief of Police is responsible to:
(a)
Establish and maintain the efficient operation of the department.
(b)
Organize, control and maintain all property and resources of
the department.
(c)
Develop the written organizational structure of the department,
including chain of command and duty assignments.
(d)
Develop and implement policies and procedures necessary to govern
and direct the day to day operations of the police department.
(e)
Provide for the proper training of all department employees.
(f)
Provide for periodic inspections of all police operations to
insure compliance with department rules, policies, and procedures.
(g)
Maintain the overall discipline of the department.
(h)
Maintain a constructive relationship with the public, community
organizations, the media and other law enforcement agencies.
(i)
Prepare and submit the annual budget and proposed expenditure
programs to the appropriate authority or other designated officials.
(j)
Allocate funds within the budget which are appropriated by the
governing body.
(k)
Provide for performance evaluations of all department employees.
e. Commanding Officer Authority and Responsibilities. Subject to direction
from higher command, a Division Commander has direct control over
all members and employees within his/her command. In addition to the
general and individual responsibilities of all members and employees
and supervisory officers, a Division Commander is responsible for
the following:
1. Command. The direction and control of personnel under his/her command
to assure the proper performance of duties and adherence to established
rules, regulations, policies and procedures. Providing for continuation
of command and supervision in his/her absence.
2. Loyalty and Esprit de Corps. The development and maintenance of esprit
de corps and loyalty to the Department.
3. Discipline and Morale. The maintenance of discipline and morale within
the command and the investigation of personnel complaints not assigned
elsewhere.
4. Intradepartmental Action. The promotion of harmony and cooperation
with other divisions of the Department. Initiation of proper action
in cases not regularly assigned to his/her command.
5. Organization and Assignment. Organization and assignment of duties
within his/her division to assure proper performance of Department
functions and those of his/her command.
6. Reports and Records. Preparation of required correspondence, reports,
and maintenance of records relating to the activities of his/her command.
Assurance that information is communicated up and down the chain of
command as required.
7. Maintenance. Assurance that quarters, equipment supplies and material
assigned to his/her command are correctly used and maintained.
f. Police Sergeant. Under direction, supervises and is responsible for
the activities of field or headquarters personnel, overseeing and
taking part in police activities intended to provide order maintenance,
assistance and protection for persons and property, observance of
law, and the detection and apprehension of law violators. The Police
Sergeant is responsible for the following:
1. Assign and instruct subordinates in police patrol methods and procedures,
investigation practices, and related law enforcement problems. Provides
training as needed. Leads subordinates by example.
2. Directs criminal and noncriminal investigations; makes investigations
regarding improper police services or actions.
3. Supervises technical aspects of some police operations.
4. When necessary, takes proper police action against law violators.
5. Visits and inspects police patrol units, assignments, posts, and
sectors; noting and correcting or reporting any conditions which require
police attention.
6. Directs the preparation of reports and maintains necessary reports
and records; performs related work as required.
g. Tour Commander Authority and Responsibilities. The Tour Commander,
during his/her tour of duty, exercises the same authority and has
the same responsibilities as his/her commanding officer, subject to
higher authority. In the absence of the Section Commander, the senior
available member of the section is in charge unless otherwise provided.
In addition to the general and individual responsibilities of all
members and employees, the Section Commander is specifically responsible
for the following:
1. Good Order. The general good order of his/her command during his/her
tour of duty to include proper discipline, conduct, welfare, field
training and efficiency.
2. Roll Call. Conduct of prescribed roll calls, communications and all
orders, or other information at roll call and inspection and correction
of his/her command as necessary.
3. Reporting. Reporting as required by a commanding officer.
4. Personnel Complaints. Inquiry into personnel complaints against members
and employees under his/her command in accordance with the provisions
of this manual.
h. Supervisory Officers Authority and Responsibilities. In addition
to the general and individual responsibilities of all members and
employees, supervisory officers are specifically responsible for the
following:
1. Supervision. Closely supervise the activities of their subordinates,
making corrections where necessary and commending where appropriate.
2. Leadership. Provide on-the-job training as needed for efficient operation
and coordination of effort when more than one member or employee is
involved.
3. Direction. Exercise direct command in a manner that assures the good
order, conduct, discipline and may extend to subordinates outside
their usual spheres of supervision if the police objective or reputation
of the Department so requires or if no other provision is made for
personnel temporarily unsupervised. This authority shall not be exercised
unnecessarily. If a supervisor requires a subordinate other than his/her
own to leave a regular assignment, the supervisor so directing will
inform the subordinate's own supervisor as soon as possible.
4. Enforcement of Rules. Enforcement of Department rules and regulations
and requiring compliance with the Department policies and procedures.
5. Inspection. Inspection of activities, personnel, and equipment under
their supervision and initiation of suitable action in the event of
a failure, error violation, misconduct, or neglect of duty by a subordinate.
6. Assisting Subordinates. Having a working knowledge of the duties
and responsibilities of his/her subordinates. Observing contacts made
with the public by his/her subordinates and being available for assistance
or instruction as may be required. He/she shall respond to calls of
serious emergencies, crimes in progress, assaults, and others unless
actively engaged in a police incident. He/she should observe the conduct
of the assigned personnel and take active charge when necessary.
i. Detective (Assignment). Under direction, is assigned to investigative
or technical units and is responsible for the investigation and clearance
of criminal and noncriminal complaints, or other duties which may
be assigned because of a particular expertise.
1. Shall intelligently and thoroughly investigate each assignment, initiating
the investigation by prompt contact with the complainant.
2. Uses all legal means at his disposal to detect and solve crime and
prosecutes offenders, thoroughly investigating information received
from any source.
3. Shall keep detailed day-to-day records of his investigations, acquainting
supervisors and interested units with information developed.
4. Must study and apply sound investigative techniques and improve his
efficiency by attention to:
(a)
Use of records and reports;
(c)
Cultivation of informants;
(d)
Development of perceptive abilities; and
(e)
Proper collection, identification, analysis, preservation and
presentation of evidence.
5. Shall prepare all cases in a manner which insures the best possible
presentation in court.
6. Shall learn the rules of evidence, court procedure, and the art of
testifying, which makes for an effective witness. He shall also cooperate
with the prosecution in trial preparation.
7. Notwithstanding his assignment, he shall provide an immediate response
to an emergent or observed need for police service.
8. When he/she shall be called upon to serve in a uniformed capacity,
he/she shall be governed by all rules pertinent to his regular assignment
and those governing uniformed police officers.
j. Patrol Officer Responsibilities and Duties. Patrol officers are responsible
for performing a variety of duties related to the protection of life
and property, enforcement of criminal and traffic laws, prevention
of crime, preservation of the public peace, and the apprehension of
criminals. They will perform these duties as prescribed in Department
orders and as directed by their supervisors. In addition to these
and the general and individual responsibilities of all members and
employees, patrol officers are specifically responsible for the responsibilities
listed in these Rules.
1. Police Mission. A patrol officer is responsible for the accomplishment
of the police mission on his/her beat. He/she shall constantly be
alert for violations of the laws and ordinances and shall make every
effort to prevent breaches of the peace and offenses against persons
and property. He/she shall be held accountable for crime, accidents,
disorders, and other criminal conditions on his/her beat.
2. Reporting for Duty. He/she shall report promptly at the designated
hour and place, in proper uniform for assignment and inspection. He/she
shall listen attentively to orders and instructions of his/her superior
officers and read such materials as are made available to him/her.
He/she shall make written memoranda of such information as necessary
and shall immediately proceed to his/her beat upon completion of these
tasks.
3. Familiarization with Beat. A patrol officer shall thoroughly familiarize
him/herself with his/her beat. He/she shall be familiar with all public
business offices and their entrances, exits, skylights, fire escapes,
and other possible means of escape. While making security checks of
doors, he/she shall familiarize him/herself with the locations of
safes and night-lights. Changes in night-lights will be particularly
noticed.
4. Methods of Patrol. During his/her tour of duty, the Patrol Officer
shall continuously patrol every part of his/her assigned area, giving
attention to and frequently rechecking locations where the crime hazard
is great. As far as possible, he/she shall not patrol his/her beat
according to any fixed route or schedule but shall alternate frequently
and backtrack to be at the location least expected.
5. Unlocked Buildings.
(a)
When a door or window is found open under suspicious or unusual
circumstances on any tour of duty, the Patrol Officer shall investigate
and determine whether a burglary or other crime has been committed.
He/she shall notify Headquarters. The Shift Commander or Radio Dispatcher
shall dispatch sufficient patrol officers or investigators to the
scene for support.
(b)
Under circumstances indicating that an intruder is still inside
a building, the officer discovering it shall immediately summon assistance
and then stand guard. When the assistance arrives, he/she may enter
and search the building.
6. Field Interviews. When the occasion demands it, the Patrol Officer
shall courteously but firmly question persons on the public streets
as to their names, addresses, reason for being on the street, and
other matters relating to the circumstances. In all cases, good judgment
and discretion should be used in making a decision to arrest.
7. Ethical Standards. He/she shall conduct himself in accordance with
high ethical standards, on and off duty, and shall, by study and observation,
become familiar with laws and ordinances and improve techniques and
ideas which will enable him/her to improve performance.
8. Maintenance of Equipment. He/she shall maintain all equipment assigned
to him in functional and presentable condition.
9. Vice Suppression. Uniformed officers shall give particular attention
to places where vice violators might congregate. They shall use every
lawful means to suppress the illegal activities of such persons, prosecute
them, and require all such establishments to be in accordance with
municipal ordinances and state laws and shall report all violations.
10. Traffic Law Enforcement. Patrol officers are charged with the enforcement
of all provisions of local and state traffic codes. Failure to take
appropriate action in traffic violation cases is considered neglect
of duty. Appropriate action is defined as that action to preclude
reoccurrence such as issuance of a traffic summons, warning, etc.
11. Complaint Actions. A patrol officer shall carefully investigate all
complaints on or near his/her beat which are assigned to him/her or
which are brought to his/her attention by citizens. He/she shall take
suitable action in those cases that come under his/her jurisdiction
and inform interested parties of the laws or ordinances relative to
the particular complaint or incident. If the legal remedy of the complaint
is not within the jurisdiction of the Police Department, he/she shall
advise the complainant accordingly and refer him/her to the proper
authority.
12. Preliminary Investigations. At the scenes of major crimes, subject
to direction of higher authority, the first officer at the scene,
after it has been established that the perpetrator is no longer present,
will begin the preliminary investigation except in the case of homicide
or apparent homicide. In those instances, a member of the Investigative
Division will be called to the scene immediately. In all instances,
members not assigned will not enter the premises nor perform any actions
which may interfere with the investigation or destroy evidence. In
cases of homicide, the first duty of the Patrol Officer is to guard
the scene excluding all unauthorized persons and to detain all witnesses
for interview/interrogation.
13. Radio Failure. Patrol officers shall pay strict attention to all
regular radio transmissions. When they fail to hear any radio transmissions
or time signals for a period not to exceed 30 minutes, they shall
immediately call the dispatcher for a special test. If after three
attempts he/she fails to receive an acknowledgement, he/she shall
immediately contact the desk officer by telephone. In case of radio
trouble, the officer shall notify his/her section commander and/or
dispatcher of the nature of the trouble.
k. Civilian employees shall:
1. Take appropriate action to perform the duties of their positions
promptly, faithfully and diligently.
2. Exercise authority consistent with the obligations imposed by their
position and in conformance with the policies of the department.
3. Be accountable and responsible to their supervisors for obeying all
lawful orders.
4. Coordinate their efforts with other employees of the department to
achieve department objectives.
5. Conduct themselves in accordance with high ethical standards, on-
and off-duty.
6. Strive to improve their skills and techniques through study and training.
7. Familiarize themselves with the area of authority and responsibility
for the current assignment.
8. Abide by all rules, regulations and departmental procedures and directives
governing civilian employees.
9. Perform all related work as required.
a. General conduct.
1. Standard of Conduct. Members and employees shall conduct their private
and professional lives in such a manner as to avoid bringing the Department
into disrepute.
2. Loyalty. Loyalty to the Department and to associates is an important
factor in Department morale and efficiency. Members and employees
shall maintain loyalty to the Department and their associates as is
consistent with the law and personal ethics.
3. General Responsibilities. Members shall at all times take appropriate
action to:
(a)
Protect life and property.
(d)
Detect and arrest violators of the law.
(e)
Enforce all federal, state and local laws and ordinances within
Department jurisdiction.
4. Duty Responsibilities. Members of the Department are always subject
to duty although periodically relieved of its routine performance.
They shall, at all times, respond to the lawful orders of superior
or supervisory officers and other proper authorities as well as calls
for police assistance from citizens. Proper police action must be
taken whenever required. The administrative delegation of the enforcement
of certain laws and ordinances to particular units of the Department
does not relieve members of other units from the responsibility of
taking prompt, effective police action within the scope of those laws
and ordinances when the occasion so requires. Members assigned to
special duties are not relieved from taking proper action outside
the scope of their specialized assignment.
5. Neglect of Duty. Members and employees shall not commit any act nor
shall they be guilty of any omission that constitutes neglect of duty.
6. 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. All lawful duties required
by competent authority shall be performed promptly as directed, notwithstanding
the general assignment of duties and responsibilities.
7. 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.
8. Obedience to Laws and Rules. Employees shall obey all laws, ordinances,
rules, policies, and procedures and directives of the department.
9. Withholding Information. Employees shall report any information concerning
suspected criminal activity of others.
10. 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 Chief of Police 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 Chief
of Police, official channels may be bypassed.
11. Insubordination. Employees shall not:
(a)
Fail or refuse to obey a lawful order given by a supervisor.
(b)
Use any disrespectful or abusive language or action toward a
supervisor.
12. 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, officers should be referred
to by rank.
13. Compromising Criminal Cases. Employees shall not interfere with the
proper administration of criminal justice.
14. 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.
15. Posting Bail. Employees shall not post bail for any person in custody,
except relatives.
16. Use of Force. Employees shall follow department policy and procedure
on the use of force.
17. Fitness for Duty. Police officers shall maintain sufficient physical
and psychological condition in order to handle the variety of activities
required of a law enforcement officer.
18. 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.
19. 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.
20. Assistance. All members are required to take appropriate action toward
aiding a fellow officer exposed to danger or in a situation where
danger might be impending.
21. Cooperation. Cooperation between the ranks and units of the Department
is essential to effective law enforcement. Therefore, all members
are strictly charged with the establishing and maintaining a high
spirit of cooperation within the Department.
b. Orders.
1. Issuing Orders.
(a)
Manner of Issuing Orders. Orders from a supervisor to a subordinate
shall be in clear and understandable language, civil in tone, and
issued in pursuit of Department business.
(b)
Unlawful Orders. No supervisor shall knowingly issue any order
which is in violation of any law or ordinance.
(c)
Improper Orders. No supervisor shall knowingly issue any order
which is in violation of any department rule, policy, or procedure.
2. Receiving Orders.
(a)
Questions Regarding Orders. Employees in doubt as to the nature
or detail of an order shall seek clarification from their supervisors
through the chain of command.
(b)
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.
(c)
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.
(d)
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. Notice of countermanded
or conflicting order is to be given to the officer issuing the original
order by the countermanding officer.
(e)
Reports of Unlawful or Improper Orders. A 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. Appeals for relief from
such orders may be made at the same time. Action regarding such a
report shall be conducted by the Chief of Police.
(f)
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.
c. Police Records and Information.
1. 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 procedure.
2. Department Records. Contents 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.
3. Reports. No employee shall knowingly falsify any official report
or enter or cause to be entered any inaccurate, false, or improper
information on records of the department.
4. Reporting Violations of Laws, Ordinances, Rules or Orders. Members
and employees knowing of other members or employees violating laws,
ordinances, or rules of the Department, or disobeying orders, shall
report same in writing to the Chief of Police through official channels.
If the member or employee believes the information is of such gravity
that it must be brought to the immediate personal attention of the
Chief of Police, official channels may be bypassed.
d. Gifts, rewards, etc.
1. Soliciting or Accepting Benefits. Members and 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. Members and employees shall not solicit anyone to intercede
with the Chief of Police, Mayor or members of the Council in relation
to promotion assignments, disposition of pending charges, or findings
in a Department trial or other related matter. All solicitations must
stay within the perimeters of federal and state law, directives from
the New Jersey Attorney General and Hudson County Prosecutor's Office.
(a)
Members and employees shall not accept either directly or indirectly
any gift, gratuity, loan, fee, or any other object of value arising
from or offered because of police employment or any activity connected
with said employment. Members and employees shall not accept any gift,
gratuity, loan, fee or other object of value, the acceptance of which
might tend to influence the actions of said members or employees or
any other member or employee in any matter of police business, or
which might tend to cast an adverse reflection on the Department or
any member or employee thereof. No member or employee of the Department
shall receive any gift or gratuity from other members or employees
junior in rank without the express permission of the Chief of Police.
2. Persons and Places of Bad Reputation. Members and employees shall
not frequent places of bad reputation, nor associate with persons
of bad reputation, except as may be required in the course of police
duty.
3. 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.
4. 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 Chief of Police together
with a written report explaining the circumstances.
5. Other Transactions. Members and employees are prohibited from buying
or selling anything of value from or to any complainant, suspect,
witness, defendant, prisoner, or other person involved in any case
which has come to their attention or which arose out of their Departmental
employment except as may be specifically authorized by the Chief of
Police.
e. Alcoholic Beverages and Drugs.
1. Consuming Alcoholic Beverages Before Duty. Employees shall not consume
alcoholic beverages within four hours prior to reporting for duty.
2. Being under the Influence. Employees shall not report for duty under
the influence of any alcoholic beverage or drugs nor shall any employee
or member be unfit for duty because of his or her excessive use of
drugs or alcoholic beverages.
3. Consuming Alcoholic Beverages on Duty. Employees of the department
shall not consume any alcoholic beverage while on duty, or take any
drugs not duly prescribed and necessary for health at any time, except
on special assignment authorized by the Chief of Police.
4. Exception. Employees while assigned to duty in civilian clothes may
consume alcoholic beverages only if such consumption:
(a)
Is absolutely necessary in the performance of duty; and
(b)
Has been approved by the appropriate supervisor; and
(c)
Does not render the employee unfit for proper and efficient
performance of duty.
5. 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.
6. Alcoholic Beverages in Police Buildings. Alcoholic beverages shall
not, at any time, be consumed in police buildings or facilities.
7. 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.
8. 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. Alcoholic beverages or drugs brought into Department
premises in the furtherance of an authorized purpose shall be properly
identified and stored according to Department policy.
9. 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.
10. 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.
A member or employee of the Department who, taking a prescribed prescription
drug, and later, while on duty, suffers an illness, may at the discretion
of the Chief of Police be excused without penalty.
11. 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.
12. This department shall conduct random drug testing of police officers
in accordance with the Drug Testing Policy of the Attorney General
and as follows:
(a)
At random or without suspicion, an officer may be ordered or
requested to submit to a blood, urine, breathalyzer, or other test,
to determine the percentage of alcohol or drugs in said test sample,
except as provided otherwise by specific statutory or procedural law.
Such test MUST be given if requested by the officer. A refusal by
an officer to submit a test sample on request, or who renders a positive
test for illegal drug use or alcohol consumption, may be dismissed
from the police force upon final adjudication.
(b)
All law enforcement applicants may be required to submit to
a urinalysis prior to appointment.
(c)
An applicant who produces a confirmed positive test result indicating
unlawful drug use or who refuses to submit a urine sample shall be
rejected for employment.
(d)
Subsequent to appointment, all officers shall be subjected to
unannounced drug testing by urinalysis during and whenever there is
individualized reasonable suspicion to believe that an officer is
unlawfully using drugs.
(e)
A trainee who produces a positive test result indicating unlawful
drug use or who refuses to submit a urine sample shall be dismissed
from the training academy and/or from his/her law enforcement position.
(f)
Permanently appointed officers who produce a positive test result
indicating unlawful drug use or who refuse to submit a urine sample
shall be dismissed from employment.
(g)
Any police officer who believes he/she has a reasonable suspicion
that another officer is using illegal drugs, or is abusing prescription
or over-the-counter medication, must immediately report those facts
and circumstances to the office of the Chief of Police or his/her
designee.
(h)
Any police officer that is prescribed medication or who is ingesting
over-the-counter medication which impairs his/her ability to function
effectively must inform the Borough Physician of the type of medication
and prescribed dosages.
f. Duty Conduct.
1. Reporting for Duty. Employees shall report for duty at the time and
place specified, properly uniformed and equipped.
2. 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.
3. Prohibited Activity on Duty. Employees who are on duty are prohibited
from engaging in activities which are not directly related to the
performance of their duty (e.g., sleeping, conducting private business,
or gambling).
4. 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.
5. Distracters. The use of any item or object that distracts an employee
from the performance of duty other than equipment authorized by the
department is prohibited while on duty.
6. Relief. Employees are to remain at their assignments and on duty
until properly relieved by other employees or until dismissed by competent
authority.
7. Meals. All meals are to be consumed within authorized areas, subject
to modification by the supervisor.
8. 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.
9. 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.
10. Physical and Mental Fitness for Duty. Members shall maintain good
physical and mental condition so that they can handle the strenuous
physical and mental contacts often required of a law enforcement officer.
Those officers suspected of being unable to perform their assigned
duties because of restrictions manifesting themselves because of poor
physical or mental condition shall be reported to the Chief of Police,
through the chain of command, for his/her actions.
11. Loitering. Members on duty or in uniform shall not enter theaters
or other public places except to perform a police-related task. Loitering
and unnecessary conversation in such locations are forbidden. Members
and employees off duty and not on any official standby shall not loiter
in Police Department areas.
12. Possession of Keys. No member, unless authorized by his/her commanding
officer, shall possess keys to any premises not his/her own on or
near his/her beat.
g. Uniforms, Appearance and Identification.
1. 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.
2. 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.
3. Wearing Jewelry on Duty. Police officers on duty shall not wear loose-fitting
jewelry which may be grasped during a struggle or which can inflict
injury or retard the mobility of the officer. This provision shall
not prohibit nonuniform officers on duty from wearing jewelry appropriate
for the conditions of their current assignment in accordance with
department policy.
4. 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.
5. Wearing or Carrying Identification. Employees shall wear or carry
their department identification at all times, provided that it is
practical under the circumstances.
6. 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.
h. Department equipment and property.
1. Equipment on Duty. Employees shall carry all equipment on duty as
prescribed in department policy and procedure based on their assignment.
2. Equipment Off Duty. Employees shall carry equipment off duty as prescribed
in department policy and procedure based on their assignment.
3. Firearms. Employees shall follow department policy and procedure
on the care and handling of firearms.
4. Department Property and Equipment. Employees are responsible for
the proper care of department property and equipment assigned to them
or used by them in the course of duty.
5. Use of Department Property and Equipment. Employees shall not use
any department property or equipment for personal business or pleasure.
6. Damaged or Inoperative Property or Equipment. Employees shall immediately
report to their supervisors any loss of 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.
7. Care of Department Buildings. 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.
8. 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.
9. 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.
10. 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.
11. Emergency Calls and Use of Red Light and Siren. Members driving any
Department vehicle when responding to emergency calls shall exercise
judgment and care with due regard to the safety of life and property.
They shall slow down at all street intersections to such degree that,
when crossing same, they will have safe control of their vehicle,
especially when crossing street intersections where the traffic signal
lights are against them or where there are stop signs. They shall
use the emergency red lights and sound the siren on such calls and
take the utmost precaution.
12. Transporting Citizens. Citizens will be transported in department
vehicles only in conformance with department policy.
13. Reporting Accidents and Damage. Accidents involving department personnel,
property, equipment and vehicles must be reported in accordance with
department policy and procedure.
14. Inspection. Departmental property and equipment is and remains the
property of the department and is subject to entry and inspection
without notice.
15. 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.
16. Presumption of Responsibility. In the event that the Borough property
is found bearing evidence of damage which has not been reported, it
shall be prima-facie evidence that the last person using the property
or vehicle was responsible for the damage.
17. Personal Entertainment Devices. The use of portable radios, televisions
and any other form of entertainment other than equipment authorized
by the Department are prohibited while on duty.
18. Surrender of Department Property.
(a)
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.
(b)
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.
i. Communications, Correspondence.
1. Restrictions. Employees shall:
(a)
Not use department letterheads for private correspondence.
(b)
Only send correspondence out of the department under the direction
of the appropriate supervisor.
2. Forwarding Communications. Any employee who receives a written communication
for transmission to another employee shall forward same without delay.
3. Use of Department Address. Employees shall not use the department
as a mailing address for private purposes. The department address
shall not be used for any private vehicle registration or driver license.
4. Telephones. Department telephone equipment may not be used for personal
use involving toll charges without the express approval of a supervisor.
j. 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.
k. Investigations.
1. Command of Scene. At the scene of any crime, accident, or other police
incident, the ranking officer present shall assume command and direction
of police personnel to assure the most orderly and efficient accomplishment
of the police task. When two or more officers of the same rank are
present and one of these is assigned to the investigative detail that
will follow up the investigation, that ranking officer will be in
charge. This provision coordinates the efforts of the several subordinate
members who may be assigned to the incident; therefore, it is incumbent
upon the ranking officer assuming such control to become acquainted
with the facts and insure that appropriate action is being taken or
is initiated.
2. Responsibilities of Members Arriving at Crime Scenes. The first member
to arrive at the scene of a crime or other police incident is responsible
for the following actions as they may apply to the situation:
(a)
Summoning medical assistance and administering first aid as
required preventing further injury or loss of life.
(d)
Conducting a preliminary investigation.
3. Responsibilities of Assigned Members at Crime Scenes. The members
officially assigned to perform the preliminary or other investigation
of an alleged crime or other incidents are responsible for the duties
in Subsection k2 above and the completion of the preliminary or other
investigation as directed. This shall include securing statements
and other information, which will aid in the successful completion
of the investigation, locating, collecting and preserving physical
evidence, and identifying, locating, and apprehending the offender.
4. Identification as Police Officer. Except when impractical or where
the identity is obvious, officers shall identify themselves by displaying
the official badge or identification card before taking police action.
Upon request, employees are required to supply their identification
in a courteous manner.
5. Release of Information at Crime Scene. Unauthorized persons, including
members of the press, shall be excluded from crime scenes. The superior
officer in charge of the investigation in accordance with Department
policy shall provide information to the press, which will not hinder
or nullify an investigation.
6. Confidential Information.
(a)
Members and Employees shall not Reveal any Confidential Business
of the Department. They shall not impart confidential information
to anyone except those for whom it is intended, or as directed by
their superior or supervisory officer.
(b)
Members shall not make known to any person any Department order
which they may receive, unless so required by the nature of the order.
(c)
Contents of any Department record or report filed in the Police
Department shall not be exhibited or divulged to any person other
than a duly authorized police officer, except on approval of the Chief
of Police, or under due process of law, or as permitted under Department
regulations.
7. Compromising Criminal Cases. Members and employees shall not interfere
with the proper administration of criminal justice.
(a)
Members and employees shall neither attempt to interrupt the
legal process except where a manifest injustice might otherwise occur,
nor participate in or be concerned with any activity which might interfere
with the process of law.
(b)
Members and employees shall not attempt to have any traffic
summons or notice to appear reduced, voided, or stricken from the
calendar, except in a lawful manner prescribed by law or Court Rules.
(c)
Any member or employee having knowledge of such action and failing
to inform his/her superior or supervisory officer thereof shall be
subject to disciplinary action.
l. Arrests.
1. Arrests. In making arrests, members shall strictly observe the laws
of arrest and the following provisions:
(a)
The arresting officer shall employ only such force and necessary
restraint to assure the safety of other person, other police officer
and him/herself.
(b)
Every member shall refrain from using unnecessary force or violence
in making arrests and must not strike a prisoner or any other person
except when necessary in self-defense or to overcome actual physical
resistance in making an arrest. However, he/she must be firm, resolute,
and energetic, exercising the necessary means to perform his/her duty
properly. When it is necessary to use force, the circumstances shall
be included in the arrest report of the case.
(c)
The arresting officer is responsible for the safety and protection
of the arrested person while in his/her custody. He/she shall notify
the transporting officers of any injury, apparent illness, or other
conditions which indicate that the arrested person may need special
care.
2. Assisting Criminals. Members and employees shall not communicate
any information which might assist persons guilty of criminal or quasicriminal
acts to escape arrest or punishment or which may enable them to dispose
of or secrete evidence of unlawful activity or money, merchandise,
or other property unlawfully obtained.
3. Complaints by Members for Crimes Against Themselves, On/Off Duty.
Members shall arrest perpetrators of crimes and criminal offenses
directed against them. The perpetrators shall be charged accordingly.
Whenever it is impossible to consummate the arrest at the time of
the offense, the member shall make a complete report of the incident
to his/her commanding officer.
m. Detentions.
1. Custody of Prisoners. Members charged with the custody of prisoners
shall observe all laws and Department orders regarding this activity.
Prisoners shall be kept securely, treated firmly and humanely, and
shall not be subjected to unnecessary restraint.
2. Transportation of Prisoners. Members transporting prisoners shall
do so in accordance with Department policy. Prisoners requiring medical
attention shall be transported to the appropriate treatment center,
and the transporting officers shall be responsible for the security
of the prisoners until properly relieved by an officer unless otherwise
directed by a superior or supervisory officer.
3. Use of Derogatory Terms. Members or employees shall:
(a)
Neither speak disparagingly about anyone or use pejorative terms
regarding ethnicity, sexual orientation, race or minority group nor
refer to them in insolent or insulting terms of speech.
(b)
Neither use uncomplimentary terms of speech when referring to
any prisoner or other person nor willfully antagonize any person whom
he/she comes in contact with.
4. Reports and Bookings. No member or employee shall knowingly falsify
any official report or enter or cause to be entered any inaccurate,
false, or improper information on records of the Department.
5. Recommending Attorneys and Bail Bond Brokers Prohibited. Members
and employees shall not suggest, recommend, advise, or otherwise counsel
the retention of any attorney or bail bond broker to any person coming
to their attention as a result of police business. Any person requesting
this information shall be referred to the telephone directory.
6. Acting as Bailor Prohibited. Members and employees cannot act as
bailors for any person in custody except immediate relatives and in
no case where any fee, gratuity, or reward is solicited or accepted.
n. Firearms. Departmental regulations concerning the care and use of
firearms are designed to protect the lives of police officers and
the lives and property of the public.
1. Handling of Firearms. Police officers shall exercise caution and
the utmost care in handling firearms on and off duty. Handling, carrying
and care of firearms shall be consistent with Department Firearm's
Policy at all times.
2. Official Authorization of Firearms. The Chief of Police may authorize
a police officer to carry a firearm other than the official police
firearm, providing that the police officer follows the steps prescribed
herewith:
(a)
He/she submits a written report through channels requesting
permission to carry a firearm.
(b)
He/she restricts his/her selections of a firearm of an approved
manufacturer.
(c)
He/she submits to the superior officer in charge of firearms
training for inspection the firearm that he/she intends to carry in
order to determine whether it meets the same standards for safety
and serviceability that apply to the official firearm.
(d)
He/she submits the firearm for test firing and inspection upon
his/her appearance for scheduled firearms training.
(e)
He/she carries the firearm only after he/she has secured the
approval of the Chief of Police and only during the time this approval
remains in effect.
(f)
He/she observes and is bound by any part of or any section of
the Operations Manual which pertains to the official police firearm,
and he/she understands that these same regulations also apply to the
use of any firearm which may be authorized by the Chief of Police.
(g)
Qualifications prior to carry.
3. Official Police Firearms. The official police firearm shall be the
firearm designated by the Chief of Police. Carrying personal firearms
on duty or during emergencies is prohibited, unless otherwise authorized
by the Chief of Police.
4. On-Duty and Off-Duty Holsters. The official police firearm or authorized
off-duty firearm shall be carried only in Department-issued holsters
or in authorized holsters which conform to Department specifications.
5. Nonregulation Firearms Prohibited. Police officers who carry and
employ firearms other than those that have been issued or approved
by the Police Department shall be subject to disciplinary action.
6. Tampering with Police Firearms. Department-authorized firearms shall
never be altered beyond manufacturer's specifications with the express
permission of the Chief of Police. The superior officer in charge
of firearms training shall approve all repairs and adjustments to
the official police firearm. Police officers shall not use unauthorized
molded grips, special-type grips, or pearl-handled grips. Police officers
shall not make any change in the trigger pull mechanism or effect
any other unauthorized alteration or addition. Grip adapters may be
used in special cases, but only after the police officer first has
obtained the approval of the superior officer in charge of the firearms
training.
7. Care of Firearms Off-Duty Outside Home. A police officer when off
duty and outside his/her home may keep his/her Department-issued service
firearm or authorized off-duty firearm holstered and on his/her person
readily available for necessary use. To avoid an accidental discharge,
a police officer shall not carry his/her firearm in his/her waistband
or in any of his/her pockets, unless holstered.
8. Care of Firearms Off-Duty at Home. A police officer shall keep his/her
firearm in a secure place readily available in case of emergency.
9. Discharge of Fiream Report. When a firearm is discharged by a police
officer either in the performance of police duty or accidentally,
the police officer shall:
(a)
Promptly notify the superior officer on duty in command of the
occurrence.
(b)
Be guided by the instruction of the Department policy.
10. Firing of the Weapon Under Other Circumstances. A police officer
may fire his/her firearm to dispose of an animal that is dangerous
or that is seriously injured when other means of disposition are unavailable.
However, this shall only be done in accordance with Department Firearm's
Policy.
11. Carrying Firearms, Generally. Police officers shall carry their official
police firearm or authorized off-duty firearm fully loaded and in
a serviceable, operating condition so that they may be prepared when
called upon to carry out a police duty, service, function or responsibility.
Police officers who may be sick, injured, or on vacation leave may,
but are not required to, carry a firearm. Police officers who are
suspended or whose weapons have been officially taken from them for
other reasons shall not carry a firearm under any circumstances.
12. Carrying Firearms On Duty. Police officers in uniform shall carry
their firearm in holsters attached to their uniform belts. Investigators
and other police officers not in uniform shall carry their firearm
in authorized holsters.
13. Loss of Firearm. Loss of the official police firearm through carelessness
or neglect shall be deemed a serious violation of Department regulations.
14. Ammunition Issue. The Department without expense shall make the initial
issue and the replacement of ammunition for Department firearms to
the police officer. The Department shall replace rounds of ammunition
that have become unserviceable and rounds that have been expended
in the line of police duty. Only Department-issued ammunition shall
be used.
o. Conduct Toward Public.
1. 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.
2. Request for Identification. Upon request, employees are required
to supply their name and identification number in a courteous manner.
3. Impartiality. Employees shall not exhibit bias or favoritism toward
any person because of race, sex, sexual orientation, creed, color,
national origin, ancestry, influence or political affiliation.
4. 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.
5. Affiliation with Certain Organizations Prohibited.
(a)
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 Chief of Police.
(b)
No member or employee shall knowingly become a member of or
connected with any subversive organization except when necessary in
the performance of duty and then only under the direction of the Chief
of Police.
(c)
No police officer or civilian employee, except in the discharge
of police duties, shall knowingly associate with or have any dealings
with any person or organization which advocates or which is instrumental
in fostering hatred, prejudice, or oppression against any racial or
religious group.
6. 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 Chief of Police. All requests for
public speeches, demonstrations, and the like will be routed to the
Chief of Police for approval and processing. Members and employees
directly approached for this purpose shall suggest that a party submit
his/her request to the Chief of Police.
p. Political Activities.
1. 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.
2. Employees may contribute funds or any other thing of value to candidates
for public office subject to the provision of law governing such contributions.
3. 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.
4. Employees shall not directly or indirectly use or attempt to use
their official position to influence the political activity of another
person.
5. Employees shall not engage in any polling duties except in the performance
of their official duties.
6. Employees shall not display any political material on any government
property or on their person while on duty or in uniform. 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.
7. Employees may contribute funds or any other thing of value to candidates
for public office subject to the provision of law governing such contributions.
8. 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.
9. Employees shall not directly or indirectly use or attempt to use
their official position to influence the political activity of another
person.
10. Employees shall not engage in any polling duties except in the performance
of their official duties.
11. Employees shall not display any political material on any government
property or on their person while on duty or in uniform.
q. Judicial Appearance and Testimony.
1. Duty of Employee to Appear and Testify. Attendance at a court or
quasijudicial hearing as required by subpoena, resulting from Department
employment, is an official duty assignment. Permission to omit this
duty must be obtained from the prosecuting attorney handling the case,
or other competent court officials. 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.
2. Subpoena. Employees must attend court or quasijudicial 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.
3. Court Appearance. When appearing in court on department business,
employees shall wear either the department uniform or appropriate
business attire.
4. 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.
5. Department Investigations. Employees are required to answer questions,
file reports, or render material and relevant statements in a departmental
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.
6. Truthfulness. Employees are required to be truthful at all times
whether under oath or not.
7. 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 supervisor.
8. 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.
9. 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.
10. Civil Process. Employees shall not serve civil process or assist
in civil cases unless such service is approved by the appropriate
supervisor.
11. Duty of Member or Employee to Appear and Testify. It shall be the
duty of every member or employee to appear and testify upon matters
directly related to the conduct of his/her office, position or employment
before any court or grand jury. Any member or employee failing or
refusing to appear and testify may be subject to removal from his/her
office, position or employment.
a. Hours and Leave.
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 agreements and are to take such
days 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.
b. Secondary Employment.
1. Secondary Employment. Employees may engage in secondary employment
consistent with department policy.
c. Resignation.
1. Resignation to be in Writing. All resignations of employees must
be in writing and bear the signature of the person resigning. Employees
shall provide no less than two weeks' written notice to the Chief
of Police.
2. The employer retains the discretion to pursue disciplinary charges
against an employee even if he or she resigns while such charges are
pending.
a. Departmental discipline.
1. Disciplinary Action. Department members, regardless of rank, shall
be subject to disciplinary action, according to the nature 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 failure, either willfully
or through negligence or incompetence, to perform the duties of their
rank or assignment; or for violation of any general order or rules
of the Department; or failure to obey any lawful instruction, order
or command of a superior officer. Disciplinary action in all cases
will be decided on the merits of each case and in conformity with
controlling state law. These rules and regulations, Department policy
and the New Jersey Attorney General Guidelines shall govern disciplinary
action investigation for internal investigations.
2. 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 violation as a basis for disciplinary
action. Nothing in this manual prohibits disciplining or charging
members or employees merely because the alleged act or omission does
not appear herein if such conduct is otherwise without lawful purpose
and violates some law, ordinance, or rule governing the officer's
conduct at the time it occurred.
3. Penalties. The Department shall adhere to a system of progressive
discipline. The Department, however, reserves its right to deviate
from the standards of progressive discipline depending upon the nature
and severity of the misconduct committed. Accordingly, the following
penalties may be assessed against any member of the Department as
disciplinary action:
(b)
Oral reprimand or performance notice;
(f)
Suspension with/without pay;
4. Departmental Authority To Discipline. Except as otherwise provided
in N.J.S.A. 40A: 14-147 to 151, inclusive, and Borough of East Newark
ordinances, the Department disciplinary authority and ability rests
with the Chief of Police. With the exception of oral reprimands and
emergency suspensions, Department discipline must be taken or approved
by the Chief of Police.
5. Discipline By Supervisory Personnel. Other supervisory personnel
(such as Internal Affairs) may take the following disciplinary measures:
(a)
Oral reprimand: A recommendation of a verbal admonishment given
to a subordinate by a superior or supervisory officer. Written documentation
is to be made and forwarded to the Chief of Police via the normal
chain of command.
(b)
Written reprimand (subject to approval by the Chief of Police):
A written notice of misconduct (See 5:1.1) given to a subordinate
by other supervisory personnel, based on the recommendation of a superior
or supervisory officer. It is to be written on official Police Department
letterhead and issued with the approval of the Chief of Police.
(c)
Emergency suspension until the next business day.
(d)
Written recommendations for other penalties.
6. Oral Reprimand. When the superior 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 this action and reason therefor to his/her
commanding officer and also to the commanding officer of the member
or employee.
7. Emergency Suspension. Members shall not be suspended or suffer any
loss of benefits until after the member has had a Departmental hearing
and has been found guilty, except in cases of severe nature when the
Chief of Police deems a suspension of the member of immediate necessity
for the safety of the public or the welfare of the Department. The
Chief of Police shall immediately submit a report explaining such
action to the appropriate representative of the governing body.
8. Follow-Up On Emergency Suspension. A member or employee receiving
an emergency suspension shall be required to report to the Chief of
Police on the next business day at a time scheduled by the Chief of
Police. The Commanding or Supervisory Officer imposing or recommending
the suspension shall also report to the Chief of Police at the same
time.
9. 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:
(a)
The name, rank, badge number, and present assignment of the
person being disciplined;
(b)
The date, time and location of the misconduct;
(c)
The section number of the violated rule and common name of the
infraction;
(d)
A complete statement of the facts of the misconduct;
(e)
The punishment imposed or recommended;
(f)
The name, signature, badge number, and rank of the preparing
officer and his position in relation to the member being disciplined.
10. Distribution Of Reports Of Disciplinary Action. Reports shall be
distributed as follows by the officer imposing or recommending the
disciplinary action:
(a)
Original to the Chief of Police through the chain of command;
(b)
Duplicate to subject's Commanding Officer;
(c)
Triplicate retained by officer imposing or recommending the
action.
11. 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.
12. Misconduct Observed By Police Personnel. Whenever any commanding
officer or supervisory officer observes or is informed of the misconduct
of another member or employee which indicates the need for disciplinary
action, he shall take authorized and necessary action and render a
complete written report of the incident and his actions to his commanding
officer.
13. Informing The Person Being Disciplined. The member or employee being
disciplined shall be served with a copy of the complaint/charges,
and in cases seeking the members suspension or removal, the officer
shall be provided with all rights and safeguards afforded under N.J.S.A.
40A:14-147.
14. Appeals from Penalties. Appeals from penalties imposed as disciplinary
measures, may be taken as provided in N.J.S.A. 40A-14-147 to 151 inclusive,
and the Borough ordinances.
15. Investigator's Authority. Investigators assigned to a complaint are
the direct representatives of the Chief and, as such, shall receive
the cooperation of all members of the Department while conducting
their investigations. The sole responsibility of the investigator
shall be the gathering of all the facts regarding the allegations.
In so doing, he/she must be objective and thorough when submitting
his/her report. His/her opinions, conclusions or personality shall
not be interjected into the case. By adhering to the foregoing principles,
the case can be concluded with optimum fairness for all persons concerned.
16. Suspension. The Chief of Police shall have the option to suspend
personnel or a member of the Department and will act in accordance
with N.J.S.A. 40A:14-149.1, regarding the suspension of an officer.
a. Relationship of Offenses to Penalties.
1. The offenses herein shall guide the Chief of Police in administering
fair and uniform penalties for violations of Department Rules of Conduct.
2. Penalties for offenses listed shall in no way limit any penalty which
the Chief of Police may impose.
3. Offenses not included in the following list shall result in penalties
similar to those specified for similar offenses of comparable seriousness.
4. Repeated violations of the rules of conduct shall be indicative of
a member's disregard of the obligations of all members and shall be
cause for dismissal. This shall apply regardless of the severity of
the offenses, regardless of any reckoning period, and regardless of
whether these violations are of the same type.
5. Suspension, Fine or Demotion For Disciplinary Purposes. An appointing
authority may suspend without pay, fine or with reduced pay or demote
an employee due to incapacity, misconduct or disobedience of the rules
and regulations of the department or for other just cause.
b. Causes for Removal. Any one of the following shall be cause for removal
from the service, although removals may be made for sufficient causes
other than those listed:
2. Incompetency or inefficiency;
3. Incapacity due to mental or physical disability;
4. Insubordination or serious breach of discipline;
5. Intoxication while on duty;
6. Chronic or excessive absenteeism;
7. Disorderly or immoral conduct;
8. Willful violation of any of the provisions of the rules or regulations
or other statutes relative to the employment of public employees;
9. The conviction of any criminal act or offense;
10. Negligence of or willful damage to public property or waste of public
supplies;
11. Conduct unbecoming an employee in the public service;
12. The use or attempt to use one's authority or official influence to
control or modify the action, political or otherwise, of any person.
c. Rules, Charges and Disciplinary Actions. The following is a list,
not exhaustive, of rules, charges and disciplinary actions which may
be taken against police officers:
1. Rule 1: Accepting bribes or gratuities for permitting illegal acts.
Disciplinary action for first offense: dismissal.
2. Rule 2: Involved in a crime of moral turpitude that negatively affects
the operation of the Department. Disciplinary action for first offense:
dismissal.
3. Rule 3: Repeated violations of Departmental Rules and Regulations,
or any other course of conduct indicating that a member has little
or no regard for his responsibility as a member of the Department.
Disciplinary action: dismissal.
4. Rule 4: Sexual harassment. Disciplinary action for first offense:
reprimand to dismissal; second offense: dismissal.
5. Rule 5: Failure to report, in writing, offers of bribes or gratuities
to permit illegal acts. Disciplinary action for first offense: reprimand
to dismissal; second offense: dismissal.
6. Rule 6: Knowingly and willfully making a false entry in any Departmental
report or record. Disciplinary action for first offense: reprimand
to dismissal; second offense: dismissal.
7. Rule 7: Intoxication on duty. Disciplinary action for first offense:
reprimand to dismissal; second offense: dismissal.
8. Rule 8: Failure to comply with the Chief's orders, directives, regulations,
etc., oral and written, and also those of superiors and supervisors.
Disciplinary action for first offense: reprimand to dismissal; second
offense: dismissal.
9. Rule 9: Allowing prisoner to escape through carelessness or neglect.
Disciplinary action for first offense: reprimand to dismissal; second
offense: dismissal.
10. Rule 10: Failure to take appropriate action concerning illegal activity,
including vice conditions and/or to make a written report of the same
to commanding officer. Disciplinary action for first offense: reprimand
to dismissal; second offense: dismissal.
11. Rule 11: Improper use, handling or display of firearms. Disciplinary
action for first offense: reprimand to dismissal; second offense:
dismissal.
12. Rule 12: Communicating or imparting confidential police information,
either in writing or verbally, to unauthorized persons. Disciplinary
action for first offense: reprimand to dismissal; second offense:
dismissal.
13. Rule 13: Willfully damaging Department property and/or equipment.
Disciplinary action for first offense: reprimand to dismissal; second
offense: dismissal.
14. Rule 14: Interference with police radio broadcasting and tampering
with police radio. Disciplinary action for first offense: reprimand
to dismissal; second offense: dismissal.
15. Rule 15: Removing official documents from the Department without
permission. Disciplinary action for first offense: reprimand to dismissal;
second offense: dismissal.
16. Rule 16: Failure of members and employees to remain at their assignments
and on duty until properly relieved by other members or employees
or until dismissed by competent authority. Disciplinary action for
first offense: reprimand to dismissal; second offense: dismissal.
17. Rule 17: Failure to possess and maintain a current and valid New
Jersey State vehicle operator's license. Disciplinary action for first
offense: reprimand to dismissal; second offense: dismissal.
18. Rule 18: Associating with known illegal gamblers while on or off
duty. Disciplinary action for first offense: reprimand to dismissal;
second offense: reprimand to dismissal; third offense: dismissal.
19. Rule 19: Associating, fraternizing, or business transactions at any
time or in any manner whatsoever with known criminals or persons engaged
in unlawful activities. Disciplinary action for first offense: reprimand
to dismissal; second offense: reprimand to dismissal; third offense:
dismissal.
20. Rule 20: Participating in illegal games of chance or illegal gambling
while on duty. Disciplinary action for first offense: reprimand to
dismissal; second offense: reprimand to dismissal; third offense:
dismissal.
21. Rule 21: Fighting or quarreling with members of the Department as
prescribed in this code. Disciplinary action for first offense: reprimand
to 30 days; second offense: reprimand to dismissal; third offense:
dismissal.
22. Rule 22: Soliciting for attorneys, bondsmen or other business. Disciplinary
action for first offense: reprimand to dismissal; second offense:
reprimand to dismissal; third offense: dismissal.
23. Rule 23: Intoxication off duty in uniform. Disciplinary action for
first offense: reprimand to dismissal; second offense: reprimand to
dismissal; third offense: dismissal.
24. Rule 24: Intoxication off duty, not in uniform, and arrested. Disciplinary
action for first offense: reprimand to 30 days; second offense: reprimand
to dismissal; third offense: dismissal.
25. Rule 25: Refusal to obey proper orders from a superior. Disciplinary
action for first offense: reprimand to dismissal; second offense:
reprimand to dismissal; third offense: dismissal.
26. Rule 26: Failure to take police action when necessary, at any time,
in or out of uniform, and/or failure to make a written report of same
to commanding officer. Disciplinary action for first offense: reprimand
to 30 days; second offense: reprimand to dismissal; third offense:
dismissal.
27. Rule 27: Failure to properly supervise subordinates; or to prefer
disciplinary charges; or to take other appropriate disciplinary action.
Disciplinary action for first offense: reprimand to dismissal; second
offense: reprimand to dismissal; third offense: dismissal.
28. Rule 28: Failure to thoroughly search for, collect, preserve, and
identify evidence or persons' property and locations in any arrest
or investigation. Disciplinary action for first offense: reprimand
to dismissal; second offense: reprimand to dismissal; third offense:
dismissal.
29. Rule 29: If stolen due to above. Disciplinary action for first offense:
reprimand to 30 days; second offense: reprimand to dismissal; third
offense: dismissal.
30. Rule 30: Failure to properly care for assigned equipment and vehicles,
damaging same due to neglect. Disciplinary action for first offense:
reprimand to 30 days; second offense: reprimand to dismissal; third
offense: dismissal.
31. Rule 31: Neglect of duty. Disciplinary action for first offense:
reprimand to dismissal; second offense: reprimand to dismissal; third
offense: dismissal.
32. Rule 32: Failure to follow Department procedures for the handling
of evidence, personal effects and all other property taken into custody.
Disciplinary action for first offense: reprimand to 30 days; second
offense: reprimand to dismissal; third offense: dismissal.
33. Rule 33: Prior to written approval of the Chief of Police or his
representative designated for that purpose, appearing to give testimony
as a character witness for any defendant in a criminal trial or inquiry.
Disciplinary action for first offense: reprimand to 30 days; second
offense: reprimand to dismissal; third offense: dismissal.
34. Rule 34: Failure to properly patrol district; unauthorized absence
from assignment; failure to respond to radio calls; idle conversation
or loafing. Disciplinary action for first offense: reprimand to 30
days; second offense: reprimand to dismissal; third offense: dismissal.
35. Rule 35: Idle conversation with known illegal gamblers while on or
off duty. Disciplinary action for first offense: reprimand to 10 days;
second offense: reprimand to 30 days; third or subsequent offense:
reprimand to dismissal.
36. Rule 36: Using rude or insulting language or conduct offensive to
the public. Disciplinary action for first offense: reprimand to 10
days; second offense: reprimand to 30 days; third or subsequent offense:
reprimand to dismissal.
37. Rule 37: Publicly criticizing the official action of a superior officer.
Disciplinary action for first offense: reprimand to 10 days; second
offense: reprimand to 30 days; third or subsequent offense: reprimand
to dismissal.
38. Rule 38: Odor of alcoholic beverage on breath while on duty. Disciplinary
action for first offense: reprimand to 10 days; second offense: reprimand
to 30 days; third or subsequent offense: reprimand to dismissal.
39. Rule 39: Failure to recognize and satisfy any just debts which negatively
affect the Department. Disciplinary action for first offense: reprimand
to 10 days; second offense: reprimand to 30 days; third or subsequent
offense: reprimand to dismissal.
40. Rule 40: Conduct subversive of good order and the discipline of the
Department. Disciplinary action for first offense: reprimand to 10
days; second offense: reprimand to 30 days; third or subsequent offense:
reprimand to dismissal.
41. Rule 41: Intoxication off duty, in part of uniform. Disciplinary
action for first offense: reprimand to 10 days; second offense: reprimand
to 30 days; third or subsequent offense: reprimand to dismissal.
42. Rule 42: Using profane or insulting language to a superior officer.
Disciplinary action for first offense: reprimand to 10 days; second
offense: reprimand to 30 days; third or subsequent offense: reprimand
to dismissal.
43. Rule 43: Asleep on duty. Disciplinary action for first offense: reprimand
to 10 days; second offense: reprimand to 30 days; third or subsequent
offense: reprimand to dismissal.
44. Rule 44: Absence without leave for less than five consecutive working
days. Disciplinary action for first offense: reprimand to 10 days;
second offense: reprimand to 30 days; third or subsequent offense:
reprimand to dismissal.
45. Rule 45: Failure to conduct proper, thorough and complete investigations.
Disciplinary action for first offense: reprimand to 10 days; second
offense: reprimand to 30 days; third or subsequent offense: reprimand
to dismissal.
46. Rule 46: Failure to report as witness when subpoenaed or ordered
by superior officer. Disciplinary action for first offense: reprimand
to 10 days; second offense: reprimand to 30 days; third or subsequent
offense: reprimand to dismissal.
47. Rule 47: Failure to remove key from patrol car when unattended. Disciplinary
action for first offense: reprimand to 10 days; second offense: reprimand
to 30 days; third or subsequent offense: reprimand to dismissal.
48. Rule 48: Soliciting money or other valuable things without proper
authorization. Disciplinary action for first offense: reprimand to
10 days; second offense: reprimand to 30 days; third or subsequent
offense: reprimand to dismissal.
49. Rule 49: Instituting civil action arising from police duty without
notifying the Chief of Police. Disciplinary action for first offense:
reprimand to 10 days; second offense: reprimand to 30 days; third
or subsequent offense: reprimand to dismissal.
50. Rule 50: Giving a verbal or written report of any incident without
approval of the commanding officer. Disciplinary action for first
offense: reprimand to five days; second offense: reprimand to 10 days;
third or subsequent offense: reprimand to dismissal.
51. Rule 51: Being found in any alcoholic beverage licensed establishment
in full uniform while not in performance of police duty. Disciplinary
action for first offense: reprimand to 10 days; second offense: reprimand
to 30 days; third or subsequent offense: reprimand to dismissal.
52. Rule 52: Possession of alcoholic beverages on the person in police
vehicle or on any police property, not duty required. Disciplinary
action for first offense: reprimand to 10 days; second offense: reprimand
to 30 days; third or subsequent offense: reprimand to dismissal.
53. Rule 53: Failure to be home without legitimate reason after reporting
sick. Disciplinary action for first offense: reprimand to 10 days;
second offense: reprimand to 30 days; third or subsequent offense:
reprimand to dismissal.
54. Rule 54: Failure to obtain any required medical treatment or certificate
while on sick leave. Disciplinary action for first offense: reprimand
to 10 days; second offense: reprimand to 30 days; third or subsequent
offense: reprimand to dismissal.
55. Rule 55: Failure to submit properly written required report within
a reasonable or prescribed period of time as per regulations. Disciplinary
action for first offense: reprimand to 10 days; second offense: reprimand
to 30 days; third or subsequent offense: reprimand to dismissal.
56. Rule 56: Having or operating private auto on beat, on duty, or driving
to or from beat or post without authorization. Disciplinary action
for first offense: reprimand to 10 days; second offense: reprimand
to 30 days; third or subsequent offense: reprimand to dismissal.
57. Rule 57: Failure to carry badge, firearm and other required equipment
when on duty. Disciplinary action for first offense: reprimand to
10 days; second offense: reprimand to 30 days; third or subsequent
offense: reprimand to dismissal.
58. Rule 58: Unexcused tardiness. Disciplinary action for first offense:
reprimand to 10 days; second offense: reprimand to 30 days; third
or subsequent offense: reprimand to dismissal.
59. Rule 59: Changing residence or telephone number without giving prompt
and proper notification. Disciplinary action for first offense: reprimand
to 10 days; second offense: reprimand to 30 days; third or subsequent
offense: reprimand to dismissal.
60. Rule 60: Unauthorized persons in radio car. Disciplinary action for
first offense: reprimand to 10 days; second offense: reprimand to
30 days; third or subsequent offense: reprimand to dismissal.
61. Rule 61: Untidy appearance and dress while in uniform. Disciplinary
action for first offense: reprimand to 10 days; second offense: reprimand
to 30 days; third or subsequent offense: reprimand to dismissal.
62. Rule 62: Not in full prescribed uniform. Disciplinary action for
first offense: reprimand to 10 days; second offense: reprimand to
30 days; third or subsequent offense: reprimand to dismissal.
63. Rule 63: Failure to give prescribed identification when answering
telephone. Disciplinary action for first offense: reprimand to 10
days; second offense: reprimand to 30 days; third or subsequent offense:
reprimand to dismissal.
64. Rule 64: Refusal to give name and badge number when properly requested.
Disciplinary action for first offense: reprimand to 10 days; second
offense: reprimand to 30 days; third or subsequent offense: reprimand
to dismissal.
65. Rule 65: Reading newspapers, books or periodicals while in view of
public where it would represent an affront to same. Disciplinary action
for first offense: reprimand to 10 days; second offense: reprimand
to 30 days; third or subsequent offense: reprimand to dismissal.
66. Rule 66: Unauthorized press releases and statements. Disciplinary
action for first offense: reprimand to 10 days; second offense: reprimand
to 30 days; third or subsequent offense: reprimand to dismissal.
d. Department Disciplinary Hearings.
1. Whenever an internal investigation establishes probable cause that
a member is guilty of violating a Departmental rule or regulation,
penalty for which is to be permanently reflected on the member's personnel
record, charges shall be prepared by the proper authority and personally
served upon the respective member. The charges shall contain:
(a)
The member instituting the action.
(b)
The name, address and title of the member against whom the action
is being instituted.
(c)
The charges (rules and regulations) allegedly violated.
(d)
Specification of the alleged facts upon which the charges are
based.
(e)
Notification as to whether the member is suspended pending the
determination of the hearing.
(f)
The time, date and place at which the hearing is scheduled to
be held.
(g)
The penalties to which the member is being exposed as a result
of the alleged charges.
(h)
The signature of the proper authority and his/her official title.
2. The disciplinary hearing shall be scheduled during the business day,
but no sooner than 10 days, nor later than 30 days, after said notice
is personally served upon said member, subject, of course, to the
granting of reasonable requests for postponements by said member.
3. Where a disciplinary hearing has been postponed at the request of
the respective member pending the determination of criminal or quasicriminal
charges filed on the basis of the same factual situation which gave
rise to the charges, said hearing must be held within 30 days after
the Borough Administrator receives notice of such disposition. The
duty to advise the Borough Administrator that said judicial determination
has been made is that of the respective member.
4. "Personal service" means actual service upon the member, as well
as actual service upon any members of the member's family over 18
years of age residing in the residence of said member.
5. Disciplinary hearings may, at the option of the charged member, be
public in nature; however, within the bounds of reasonableness and
good order.
6. Every member formally charged with the violation of a Department
rule or regulation shall have the opportunity to testify in his own
defense, produce relevant evidence in support of his defense, produce
competent witnesses to testify to relevant matters in support of his
defense and cross-examine any witness who has testified against him.
7. The Chief of Police may prosecute the complaint himself or delegate
the duty to any member of the Department. The Borough Administrator
or his/her designee shall preside as the Hearing Officer.
8. In order that all parties may be afforded a fair and equal opportunity
to be heard and that the Hearing Officer may be completely informed
in the matter and enabled to render a proper determination based on
all the facts and applicable laws and rules, all hearings shall be
conducted in an informal manner, without reference to any formal rules
or procedure.
9. The Hearing Officer may, at his/her discretion, clear the hearing
room of all persons, including witnesses not under examination or
testifying. When the evidence pertains to scandalous or indecent conduct
of any sort, or is such that its public disclosure would not be in
the best interest of the public and might do irreparable harm to any
person or persons not a party to the hearing, the Hearing Officer
may exclude all persons not having a direct interest in the matter
being heard.
10. The Hearing Officer shall admit all testimony having reasonable,
probative value, but shall exclude immaterial, irrelevant or unduly
cumulative testimony.
11. The Hearing Officer shall give effect to the rules of privilege as
provided by law. If it is clear that an internal affairs investigation
may be turned over to the Prosecutor's Office or other law enforcement
agencies for the purpose of pursuing criminal action against a police
officer, then that officer is entitled to remain silent on the grounds
of self-incrimination during questioning initiated by his/her employer
in a disciplinary context.
12. The member is presumed innocent, and the burden of proof is upon
the Department to prove the member's guilt by a preponderance of the
credible evidence presented during said hearing. All hearings may,
in the discretion of the Hearing Officer, be recorded by:
(a)
A certified shorthand reporter.
(b)
Stenographers duly sworn to make an accurate stenographic recording
of the proceeding.
(c)
Sound recording device to be operated under the supervision
and direction of the Hearing Officer.
13. After considering all the evidence in support and in defense of the
particular charge of misconduct, the respective Hearing Officer shall
consider same and render his/her verdict as soon as practical thereafter.
14. Although the verdict may be verbal at the time of the hearing, the
determination must be reflected in a written decision which must be
personally served upon the respective member as soon as practical
after the termination of said disciplinary hearing.
15. Although the verdict shall be rendered in the manner referred to
above, where the sentence or penalty is in excess of five days' suspension
without pay, or its monetary equivalent, said sentence or penalty
shall not be imposed or carried out until the time for filing of an
appeal has elapsed. This shall not apply to immediate and/or emergency
suspensions.
e. Appeal Procedures: Appeal to Superior Court.
1. Any member of the Department who has been tried and convicted upon
any disciplinary charge or charges may obtain review in the Superior
Court pursuant to N.J.S.A. 40A:14-150.
2. Such review shall be obtained by serving a written notice of an application
therefor upon the officer or board whose action is to be reviewed
within 10 days after written notice to the member of the conviction.
The officer or board shall transmit to the court a copy of the record
of such conviction, and of the charge or charges for which the member
was tried.
3. The court shall hear the cause de novo on the record below and may
either affirm, reverse or modify such conviction. If the member shall
have been removed from his position, the court may direct that he
be restored to such position and all his rights pertaining thereto,
and may make such other order judgment as said court shall deem proper.
4. Either the Borough or the member may supplement the record with additional
testimony subject to the rules of evidence. All rights and privileges
granted under the Collective Negotiations Agreement entered into between
PBA Local 22 and the Borough of East Newark shall be granted.
f. Members' Rights During Departmental Investigations and Disciplinary
Hearings.
1. Each member is entitled to a hearing before the Hearing Officer or,
if applicable, for any charge which shall become a permanent record
in the member's personnel file.
2. Other than the official findings and attendant penalties, every internal
investigation and subsequent Department hearing shall be considered
privileged and confidential information, and same shall not be made
public and/or released to any nongovernmental agency.
3. No member shall be found guilty of violating a Department rule or
regulation unless the Hearing Officer finds that a preponderance of
credible evidence substantiates the specific charges of the particular
case.
4. Although every member has a duty to answer truthfully and directly
all questions and submit to any and all forms of investigative efforts
when so ordered or questioned by a supervising or commanding officer,
said duty only applies to questions and investigation which directly
relate to one's official duties or directly bears on one's fitness
for continued employment.
5. Although the Department can utilize any form of investigative procedure
pursuant to an internal investigation which is fair and reasonably
calculated to achieve its objective, the nature or utilization of
same must not violate the basic concepts of procedural and substantive
due process of law.
6. All questions and investigative efforts must be limited to the investigation
of matters in which the Department has a legitimate interest. Accordingly,
questions must be specifically, directly and narrowly related to the
performance of the member's official duties.
7. Although cooperation of a member is demanded under threat of disciplinary
action (including job forfeiture), said member shall not be questioned
or subjected to investigative efforts under circumstances which would
render such statements void as being coerced. Prolonged interrogation,
threats of force, hostility or over-aggressiveness by interrogators
shall render any statement or member's response void for all purposes.
8. Exclusive of normal duties, no member shall be expected to answer
questions or submit to other forms of investigative efforts until
he is advised of the following:
(a)
Whether he is being questioned or required to submit to investigative
efforts as a suspect or witness.
(b)
The identity of his interrogator, as well as the identity of
all persons present at the time of the interrogation.
(c)
The nature of the investigation and facts sufficient to apprise
the member of the existing allegations.
(d)
All questioning or other investigative efforts shall be completed
with reasonable dispatch and, where practical, said member should
be made as comfortable as possible so as not to offend the concepts
of procedural and substantive due process of law.
(e)
Under circumstances where the alleged violation of Department
rules and regulations involve or could possibly involve criminal prosecution,
the member shall be advised of his constitutional right against self-incrimination
(Miranda warning) which he may invoke with respect to possible criminal
prosecutions.
(f)
No questioning or other investigative effort shall be initiated
arbitrarily for personal or other reasons that are unrelated to the
maintenance of Departmental efficiency or integrity.
(g)
All questioning and investigative efforts shall be limited in
scope to activities, circumstances, and events which pertain to a
member's conduct which may form the basis for disciplinary action
under one or both of the following two categories:
(1)
Commission of a crime or quasicriminal offense of misconduct
that would be grounds for removal.
(2)
Not being qualified for continued employment with the Department.
(h)
A formal charge must be filed against a member within a reasonable
time after which the existence of the alleged or suspected misconduct
is made known, or should have been made known, to the Department,
in accordance with state statutes.
(i)
A member is entitled to legal counsel or organizational representation,
at his or her own expense, during the investigative stages of an internal
investigation, and every member has a right to legal counsel and/or
organizational representation, at his or her own expense, during a
disciplinary hearing before a Hearing Officer.
(j)
At no time during an internal investigation shall any member
be subjected to offensive language, nor shall be be threatened with
transfer, dismissal or other disciplinary punishment. No promise or
reward shall be made as an inducement to answering questions. Nothing
herein is to be construed as to prohibit the investigating officer
from informing the member that his conduct can become the subject
of disciplinary action resulting in disciplinary punishment.
(k)
No member shall be ordered or asked to submit to a polygraph
(lie detector) test for any reason. Such test may be given, however,
if requested by the member.
(l)
A member may be ordered or asked to submit to a blood test,
a breathalyzer, or any other test to determine the percentage of alcohol
or drugs in the blood for any reason except as otherwise provided
by specific statutory law. Such test(s) must be given if requested
by the member.
(m)
As a general rule, when a member is charged with the violation
of a Departmental rule or regulation, said member shall continue to
perform the assigned duties of his position until such time as the
judicial determination duly rendered pursuant to a Departmental hearing
necessitates a discontinuance of same. However, where the nature of
the member's position is such that the public trust relationship,
when considered against the nature of the alleged charge of misconduct,
would dictate the immediate temporary termination of such duties,
said member shall be temporarily reassigned to another less sensitive
position within the Department, pending the Departmental hearing referred
to above.
(n)
Notwithstanding the above mentioned general policy, whenever
it proves physically impossible to reassign said member to any duties
whatsoever, and/or the alleged misconduct indicates a physical, mental
or emotional condition inconsistent with the continued performance
of any Departmental duty whatsoever, the interest of the public welfare
may require suspension from duty pending a Departmental hearing. In
such case, the member may continue on salary, at the discretion of
the appointing authority, in accordance with State Statutes.
The Chief of Police shall recognize and deal with the members
and employees of the Police Department for the adjustment of any grievances
that may arise in accordance with the appropriate contracts. Those
employees not subject to contract guidelines shall be governed in
accordance with Borough policy.
Should any direct conflict arise between these rules and the
Collective Negotiations Agreement entered into by PBA Local 22 and
the Borough in effect at the time of the conflict, the terms of the
agreement will supersede and govern.
[1985 Code § 2-13; New]
a. Positions Established. The positions of Water Compliance Officer
and Sewer Compliance Officer are hereby created and the employment
of said positions are hereby authorized.
b. Duties of Water Compliance Officer. The Water Compliance Officer
shall be responsible for providing the New Jersey Department of Environmental
Protection (NJDEP) required licenses for the operation of the Borough's
water system; preparation, execution and submission of reports required
by the NJDEP; to oversee, manage and provide for the collection by
the Passaic Valley Water Commission all water and such other samples
required by the United States Environmental Protection Agency (USEPA)
or by the NJDEP rules and regulations; to meet with representatives
of the respective Federal, State or County agencies; and to assist
the Borough with regards to water quality issues and control.
c. Duties of Sewer Compliance Officer. The Sewer Compliance Officer
shall be responsible for providing the New Jersey Department of Environmental
Protection (NJDEP) required licenses for the operation of the Borough's
sewer system; preparation, execution and submission of reports required
by the NJDEP; to conduct inspections and provide reports, as directed
and as related to the East Newark Sewer System; to provide the services
of and act as the licensed C-2 Collection System Operator for the
Borough; to meet with representatives of the respective Federal, State
or County agencies; and to assist the Borough with regards to sewer
quality issues and control.
d. Requirements. The Sewer and Water Compliance Officers shall at all
times, maintain in good standing and on a current basis, any and all
certifications and/or licenses as required by the State of New Jersey
as may be applicable to the respective position.
[1985 Code § 2-10; Ord. No. 08-07 §§ 1, 2; Ord. No. 02-12; Ord. No. 07-13A]
The Fire Department of the Borough of East Newark shall consist
of as many companies as the Mayor and Council may determine; and the
officers of the Fire Department shall be one Fire Chief and one Deputy
Chief, and one Captain, and (1) Lieutenant and one Second Lieutenant
from each company.
a. Deputy Chief. The Deputy Chief shall be appointed by the Mayor and
Council for a term of two years and until his successor shall have
been appointed and qualified. Any vacancy in the term of the Deputy
Chief shall be filled for the balance of the unexpired term. The Deputy
Chief shall be a resident of the Borough of East Newark.
b. Captain. The Captain shall be appointed by the Mayor and Council
for a term of one year and until his successor shall have been appointed
and qualified. Any vacancy in the term of the Captain shall be filled
for the balance of the unexpired term.
c. Lieutenant. The Lieutenant shall be appointed by the Mayor and Council
for a term of one year and until his successor shall have been appointed
and qualified. Any vacancy in the term of the Lieutenant shall be
filled for the balance of the unexpired term.
d. Second Lieutenant. The Second Lieutenant shall be appointed by the
Mayor and Council for a term of one year and until his successor shall
have been appointed and qualified. Any vacancy in the term of the
Second Lieutenant shall be filled for the balance of the unexpired
term.
e. Appointment Procedures. The position of Deputy Chief, Captain, Lieutenant
and Second Lieutenant shall be filled in the following manner:
1. By the fifteenth of November of the current calendar year, the Fire
Chief on behalf of the Fire Department shall submit in writing to
the Mayor and Council the name(s) and qualification(s) of the candidate(s).
Upon the review of the Mayor and Borough Council, officers shall be
appointed prior to January 1st.
2. Should the Mayor and Council reject any or all of the candidates,
the Fire Chief on behalf of the Fire Department shall submit in writing
to the Mayor and Council the name(s) and qualification(s) of new candidate(s)
no later than December 15th of the current calendar year.
g. Removal from Office. The Fire Chief, Deputy Chief, Captain, Lieutenant
and Second Lieutenant shall hold office for the terms set forth herein
respectively, during good behavior, unless removed by a 2/3 vote of
the whole Council, after notice of charges and hearing before the
Mayor and Council or its designee.
[1985 Code § 2-10.2; Ord. No. 08-07 § 1]
a. The Fire Chief shall at all times, have sole and absolute control
and command over all apparatus and the members of the Fire Department
and all other fire apparatus and persons aiding and assisting the
Department in case of actual fire. In the absence of the Fire Chief
at any fire, the command shall devolve upon the Deputy Chief and,
in the absence of the Chiefs, upon the Senior Officer.
b. Deputy Chief. In case of the absence of the Fire Chief, the Deputy
Chief shall be vested with the power and authority of, and shall assume
and perform, the duties belonging to the office of Fire Chief.
c. It shall be the duty of the Fire Chief and Deputy Chief to examine
the apparatus belonging to the Department at least once in every two
weeks and immediately after the apparatus has been used in fighting
a fire to keep the equipment in working condition and ready for efficient
service.
[Ord. No. 07-15; 1985 Code
§ 2-10.3; Ord. 4/14/99; Ord. No. 08-07 §§ 1
— 7; Ord. No. 07-12; Ord. No. 09-12 § 1; Ord. No. 03-14]
a. Each Hook and Ladder Company may have, but shall not exceed, 20 members
and each Hose Company may have, but shall not exceed, 20 members.
To be eligible for membership in any of the Companies of the Department,
a person shall be 18 years of age or older, a resident of East Newark,
Harrison or Kearny, and shall be elected by the members of the respective
Companies. Any candidate, elected by the members of the respective
Companies shall become a member of the Fire Department upon confirmation
by the Mayor and Council. To be considered by the Mayor and Council
for membership, the Fire Chief shall submit copies of all documentation,
including but not limited to background information concerning the
candidate, with the recommendation, to the Mayor and Council for its
review. The number of members from outside East Newark shall not exceed
a total of 12 members per company.
1. Shall possess a valid New Jersey driver's license, establishing his/her
residency as provided in Section 2-21h.
2. Shall not have been convicted of any crime, and shall have consented
to a criminal history search and finger-printing to be conducted by
the East Newark Police Department.
3. Shall satisfactorily complete the following examinations:
4. Shall be and remain clean-shaven.
b. In addition to having 20 members, each Hook and Ladder Company and
each Hose Company may have three Reserves who shall not be considered
members of the respective Companies unless expressly elected as members
and approved by the Mayor and Council.
c. To be eligible for appointment as a reserve man, a person shall be
18 years of age or older, a resident of East Newark, Harrison or Kearny,
and shall be elected by the members of the respective Companies. Any
reserve candidate, elected by the members of the respective Companies,
shall become a reserve man upon confirmation by the Mayor and Council.
To be considered by the Mayor and Council for the position of reserve
man, the Fire Chief shall submit copies of all documentation, including
but not limited to background information concerning the candidate,
with the recommendation, to the Mayor and Council for its review.
d. A reserve man shall not receive any remuneration or any clothing
allowance or any similar allowances until they meet the requirements
for firefighter I certification as determined by the New Jersey State
Division of Fire and Safety.
e. A Reserve shall perform such duties as may be assigned by the Fire
Chief of the Fire Department or by the Deputy Chief or by other superior
officers.
f. If any Reserve shall be guilty of any dereliction of duty or of conduct
unbecoming a Reserve, the Fire Chief may suspend that person from
duty and report such dereliction or misconduct to the Mayor and Council,
after which the Mayor and Council shall then investigate the charges,
and that person, if found guilty, shall be expelled from the Department
or be subjected to such other penalty as the Mayor and Council may
determine; or the Mayor and Council of their own accord may initiate
such proceedings.
g. All persons confirmed as members of the East Newark Fire Department
shall complete an initial probationary period of one year.
h. Despite the foregoing, a person may retain membership in any of the
Fire Companies of the Fire Department despite relocation and a change
of residence from the Borough of East Newark provided:
1. Such person shall be a member in good standing for five years prior
thereto;
2. Such person shall have a 60% average or better call response for
the past five years prior to moving out of town;
3. Such person shall remain a resident of Hudson County; and
4. Such person shall not reside more than two miles from Fire Headquarters.
[1985 Code § 2-10.4]
There shall be a Captain and a Lieutenant in each Company, who
shall be elected annually by the members of the respective Companies,
subject to the approval of the Mayor and Council. The Secretary of
each Company shall be elected by the members thereof and shall hold
office for one year.
[1985 Code § 2-10.5; Ord. No. 08-07 § 1]
It shall be the duty of the Captain of each Fire Company to
preserve order and discipline in his Company at all times when on
duty and to enforce on the part of the Company strict compliance with
the Borough Ordinances and orders of the Chief and Deputy Chief and
to see that the hose and apparatus belonging thereto, and under his
charge are left in good order and repair; and in case any repairs
are necessary, to report the same forthwith to the Chief or Deputy
Chief; and to take command of his Company upon the alarm of fire in
the Borough, or when ordered out by the Chief or Deputy Chief; and,
in case of fire, to cause the utmost diligence on the part of each
member to bring the apparatus into efficient operation as speedily
as possible, and, on return from fire, to see that the hose and apparatus
under his charge are well washed, cleaned and securely housed.
[1985 Code § 2-10.6]
It shall be the duty of the Lieutenant to cooperate with the
Captain in the discharge of all duties imposed upon him by this section
and, in case of the absence or inability of the Captain, then the
duties of the Captain shall devolve upon, and be performed by the
Lieutenant.
[1985 Code § 2-10.7; Ord. No. 09-12 § 1]
a. The Captain of each Company shall be responsible for assuring that
all records required to be maintained by the individual company are
so kept. Such records shall include, but not be limited to, membership
rosters and individual folders for each firefighter, including resignations,
suspensions, expulsions, commendations, etc. No such records may be
destroyed without the written approval of the Municipal Clerk.
b. Each officer of the Fire Department, upon the expiration of his term
of office, shall deliver all books, papers, writings and property
of every description to his successor in office, or to such person
or persons as the Mayor and Council may appoint for that purpose.
[1985 Code § 2-10.8; Ord. No. 08-07 § 1]
When any hook and ladder truck, hose cart or apparatus shall
require any repairs or alterations, it shall be the duty of the person
in charge at the time repairs are needed to immediately report the
same to the Fire Chief or the Deputy Chief.
[1985 Code § 2-10.9]
Any person, other than the Borough Officials and the members of the Fire Department, found in any engine-house or other building of the Fire Department shall upon conviction thereof before the Municipal Judge, be subject to a penalty as stated in Chapter
1, Section
1-5, provided, that the provisions of this section shall not apply to persons who enter such buildings on business connected with the Department or by the invitation of members of the Department.
[1985 Code § 2-10.10; Ord. No.
08-07 §§ 1, 8, 9]
a. The Department badge shall bear the words "Borough of East Newark,
F.D." and each badge shall have a distinct number in figures thereon;
the badges and fire house keys shall be exclusively the property of
the Borough.
b. All members of the Fire Department shall, when on duty as Firefighters,
wear, in a conspicuous place, the badge of the Department.
c. The Fire Chief shall distribute the badges under the direction and
supervision of the Mayor and Council and it shall be the duty of the
Borough Clerk to keep a record of all persons who are members of the
Fire Department and the Company to which these persons are attached;
and also the number of the badge of each Firefighter.
d. When any member of the Fire Department shall resign, or be removed
therefrom, it shall be the duty of the Fire Chief to make a report
of such removal or resignation forthwith to the Mayor and Council
together with the badge and key formerly worn and used by such member;
and the Fire Chief shall, at every monthly meeting, report to the
Mayor and Council the names of such members of the Fire Department
as shall have resigned or been removed therefrom since his last report
and the number of the returned badges that have been worn by such
members. If any member loses the badge or key, it shall be the duty
of the Mayor and Council to inquire into the circumstances of the
case and unless they are satisfied that the loss was without fault
on the part of the member, that member may be suspended or removed;
but should the loss be satisfactorily accounted for, the Fire Chief
may be directed to grant a new key or badge with a new number.
e. If any person who is not a member of the Fire Department, shall obtain
possession of the badge herein provided to be worn by the members
thereof, he shall pay a fine, equal to the cost of replacing the badge,
on conviction thereof before the Municipal Judge.
f. If any member of the Fire Department shall lend his badge or in any
way, directly or indirectly allow any person not a member of the Department
to wear his badge, he may, upon proof, be summarily dismissed from
the Department.
g. Any person who, at any time, shall resign or be removed from the
Department shall, within 10 days after such resignation or expulsion,
deliver his badge and key to the Fire Chief of the Department, and
on his failure to do so he will be liable to a penalty of $10, on
complaint of the Fire Chief before the Municipal Judge.
h. If any person, not being a member of the Fire Department, having
in his possession, custody or control, any engine-house key, fire
badge or other property or thing belonging, or appertaining to, the
Fire Department, and upon demand of the Fire Chief shall refuse to
deliver the same to the Fire Chief, he shall be subject to a penalty
equal to the cost of replacing the equipment on the complaint of the
Fire Chief before the Mayor or Municipal Judge.
[1985 Code § 2-10.11; Ord. No.
08-07]
No fire engine, hose cart, hook and ladder truck, or other vehicle
belonging to the Fire Department shall be drawn or placed upon any
sidewalk except by express orders of the Fire Chief or the man in
command of the company; and any person or persons violating this section
shall, upon conviction thereof, be summarily dismissed by the Mayor
and Council on the report of the Fire Chief.
[1985 Code § 2-10.12]
If any person shall willfully during a fire, or at any other
time, drive, draw or wheel any cart or other vehicle over any hose
or other apparatus belonging to the Fire Department, he shall, upon
conviction, be subject to a penalty of $25.
[1985 Code § 2-10.13; Ord. No.
08-07 § 1]
The Fire Chief, under the direction of the Mayor and Council,
shall purchase, or cause to be purchased, all necessary supplies for
the purpose of keeping all fire apparatus belonging to the Borough
in good efficient condition.
[1985 Code § 2-10.14]
Any person who shall raise a false alarm of fire shall, upon
conviction, be liable for a penalty of $50 or 30 days imprisonment
in the Hudson County Jail.
[1985 Code § 2-10.15; Ord. 4/14/99 § 2; Ord. No. 08-07 § 10; Ord. No. 09-12 § 1]
Every member of the Fire Department appointed as hereinbefore provided for shall remain a member of the Department until he resigns or is removed or expelled therefrom or shall cease to be a member by moving from the Borough of East Newark. Notwithstanding the foregoing, any person meeting the qualifications of subsection
2-21.3h shall not cease to be a member by moving from the Borough of East Newark, Harrison or Kearny.
[1985 Code § 2-10.16; Ord. No.
08-07 § 1; Ord. No. 09-12 § 1]
a. An officer shall, at any time, have the authority to suspend any
firefighter for good cause including, but not limited to:
1. Conviction of a criminal offense;
2. Disobedience of a firematic order;
3. Unauthorized use of a Department vehicle;
4. Acting under the influence of drugs or alcohol at a fire scene;
5. Conduct unbecoming a firefighter;
6. Refusal to obey a valid lawful order;
7. Violation of this section, bylaws, rules and regulations of the Department.
b. A senior member in charge of a fire scene shall immediately report
any misconduct observed to an officer at the earliest possible time
for offenses committed at the fire scene.
c. Any officer may file charges against any firefighter or officer at
any time or place.
d. Any suspension shall remain in effect until a hearing before the
Board of Officers.
1. The Board of Officers shall be comprised of the Chief, Deputy Chief
and all officers. The officer bringing the charges shall not be part
of the Board. The Board of Officers shall have the authority to enforce
or vacate a paragraph a1 suspension, remove a firefighter or impose
other disciplinary sanctions. The Board of Officers may decline to
hear a matter and may refer the same to the accused's company for
disposition.
2. A quorum of the Board of Officers shall consist of a minimum of three
officers including a Chief.
3. The complaining officer shall within seven days present the accused
and the Board of Officers with a written statement of the pending
charges, and the accused shall within seven days present the Board
of Officers with a written answer.
4. The Board of Officers consisting of at least a quorum shall meet
within seven days of the receipt of the answer. At the hearing, an
officer will be selected to keep written minutes of the hearing. The
Board shall review the statement of pending charges and answer. The
complaining officer and accused may testify and offer testimony of
other witnesses in their behalf. At the close of testimony, the Board
of Officers, by a majority closed ballot vote shall decide guilt or
innocence. Any punishment shall be decided by a majority vote after
open discussion.
5. All resulting disciplinary action will be sent to the Mayor and Council
for ratification. Any appeals shall be directed to the Mayor and Council
for further action. Any member appealing will remain suspended until
a decision is rendered by the Mayor and Council.
e. The Mayor and Council may, of their own accord, initiate disciplinary
proceedings.
[1985 Code § 2-10.18; Ord. No.
08-07 § 1]
Four Firefighters shall be appointed as Fire Marshals by the
Mayor and Council on the recommendation of the Fire Chief.
[1985 Code § 2-10.19; Ord. No.
09-12 § 1]
No apparatus or equipment shall be removed from its respective
quarters except by a written order of the Mayor and Council, unless
it is to respond to an alarm for fire or participate in a drill or
driver training.
[1985 Code § 2-10.20; Ord. 4/14/99 § 3]
a. Clothing Allowances. The sum of $400 per annum shall be paid to each
member of the Volunteer Fire Department of the Borough of East Newark
as an allowance for uniforms and clothing used in connection with
their services as members of the Fire Department, except for the Chief
who shall receive an allowance of $625 per annum, the Deputy Chief
who shall receive an allowance of $525 per annum, the Captains and
Lieutenants who shall receive an allowance of $475 per annum, and
the mechanic who shall receive an allowance of $450 per annum.
b. Inactive Members.
1. On or before July 1 annually the Borough shall pay to each fire company
a yearly sum for each inactive member in accordance with the following
schedule:
2. Any active member who has completed 20 years of active service and
has reached the age of 60 years may become an inactive member of the
Fire Department.
3. Twenty years active service — 1/3 of the allowance in paragraph
a for active firemen.
4. Twenty-five years active service — 2/3 or the allowance in
paragraph a for active firemen.
5. Thirty years active service the full allowance of paragraph a for
active firefighter.
6. Any firefighter who becomes an inactive member of the Fire Department must remain a resident of the Borough of East Newark in order to receive the scheduled allowance except persons who meet the requirements in subsection
2-21.3h.
[11-21-2012 by Ord. No.
09-12 § 2]
a. Each Company may enact rules and adopt bylaws for the government
of its own Company provided, however, that such rules and bylaws are
consistent with local, State, and Federal laws, and shall be reasonable
in the furtherance of the intent of this section. Such rules and bylaws
shall not become effective until the filing of same with the Mayor
and Council. Such rules and bylaws shall not become effective until
30 days after the filing of same provided, however, the Mayor and
Council do not determine that such rules and bylaws shall not become
effective and stating the reasons thereof. Such rules and bylaws currently
in existence, at the date of the adoption of this subsection, shall
be submitted to the Mayor and Council for its review. Such rules and
bylaws currently in existence shall remain effective, provided the
Mayor and Council do not determine that such rules and bylaws currently
in existence, are not effective, stating the reasons therefor. Adequate
notice of such rules and bylaws shall be given to the respective members
of the Company. Any change to such rules and bylaws shall not become
effective until such changes have been approved by the Mayor and Council,
and adequate notice of such changes is given to the respective members.
It shall be presumed conclusively for the purpose of the subsection
that adequate notice will be the posting of such rules and bylaws
by the Captain in the firehouse for 72 hours prior to their effectiveness.
The time of posting of such rules and regulations, as well as the
effectiveness of same, shall appear on said rules and regulations.
b. The Fire Chief may establish and, from time to time, amend rules
and regulations as he deems necessary for the government and efficient
working of the East Newark Volunteer Fire Department provided, however,
that such rules and regulations are in conformity with local, State,
and Federal laws, and are reasonable in the furtherance of the intent
of this section, and all such rules and regulations are approved by
the Mayor and Council. Upon the retirement or leaving of office of
any Fire Chief, the new Fire Chief shall review all rules and regulations
voted previously upon by the Mayor and Council, and shall resubmit
such rules and regulations if he wishes same to be effective, and
any rules and regulations he may wish to promulgate, to the Governing
Body for approval. No rules and regulations shall be effective until
same are approved by the Mayor and Council. The promulgated rules
and regulations, as well as any amendments or supplements thereto,
shall be delivered to each member of the Department for them to take
immediate effect upon such member. If such rules and regulations are
not delivered to each member, such rules and regulations shall take
effect after same have been posted in the firehouse for a period of
72 hours after such posting. It shall be the responsibility of the
Captains or Lieutenants to post the rules and regulations. The time
of posting and the time of effectiveness of such rules and regulations
shall appear on said rules and regulations.
[Ord. No. 09-12 § 3]
Each firefighter suspended from the East Newark Volunteer Fire
Department in conformity with this section shall, during such suspension,
forfeit all rights and privileges as a member of said Department,
except the right to vote at Department elections and have his name
appear on a ballot to run for office within the Department; such right
to vote and run for office shall not be denied during such suspension
period except if decided by the Mayor and Council pursuant to disciplinary
hearings of such member.
[Ord. No. 09-12 § 4]
a. Leaves of Absence.
1. At the discretion of the Captain of each Fire Company, a leave of
absence, not to exceed 30 days may be granted to any firefighter.
Such leave of absence shall not be unreasonably denied, and no firefighter
may receive a leave of absence for an aggregate of more than 30 days
in any one calendar year without the consent of the Mayor and Council.
2. The Mayor and Council may authorize a leave of absence for over 30
days to any firefighter for good cause.
3. Any firefighter who is off the Department for one year or longer will be required to reapply as any new member would apply, including the requirements set forth in subsection
2-21.3.
b. Transfers. Any firefighter may transfer from one Fire Company to
another Fire Company, provided that such transfer is approved by the
Mayor and Council upon the recommendation of the Fire Chief.
c. Applications required by firefighters who have been removed from the Department or resigned previously. Any firefighter who seeks to become a member of any East Newark Fire Company after having been removed or resigned from the Department, shall be required to apply as a new member and shall meet the requirements set forth in subsection
2-21.3.
[Ord. No. 09-12 § 5]
All members of the Fire Department shall perform a minimum of
25% of all duties assigned to each member. For the purpose of this
subsection, assigned duties shall include responses to fire, cleaning
details, drills, meetings, special details, parades, and memorial
services.
[Ord. No. 09-12 § 6]
The Mayor and Council of the Borough of East Newark may, at
their sole discretion, suspend or disband any company from service
if it is deemed to be in the best interests of the Borough.
[Ord. No. 03-12; Ord. No. 09-12]
a. Fliers and solicitation letters shall be accurate and specify how
the departments plan to spend donated funds.
b. No company, firefighter, or the Department shall raise funds in the
name of the Borough of East Newark, the East Newark Fire Department,
or an individual company, without the prior written approval of the
Borough Administrator, or in his/her absence the Borough Clerk, for
each specific fund raising request and all advertisements and solicitations
thereof. In no event shall any company, firefighter, or the Department
solicit, accept or receive any payment, donations, contribution in
cash or in kind from any individual, family, business, corporations
or entity of any nature whatsoever which exceeds a value of $9,000.
In the event any donations over $9,000 are received, the Department
shall notify the Borough Administrator or Borough Clerk.
[Amended 6-9-2021 by Ord. No. 06-2021]
c. Travel paid for with public or donated money should be used for training
and educational purposes only.
d. Fire Department must comply with all Federal and State tax laws and
regulations and shall work the Borough's Chief Financial Officer to
ensure compliance.
[Amended 6-9-2021 by Ord. No. 06-2021]
e. Should the Department receive more than $20,000 a year from a county
or municipality, the municipality shall arrange for annual certified
audits of their financial records upon request of the Mayor and Council.
f. Should the Department receive more than $70,000 annually, the Department
shall be required to submit an independent audit once a year, as prescribed
by law and the Fire Department shall work with the Borough's Chief
Financial Officer to see that the independent audit is commenced and
completed.
[Amended 6-9-2021 by Ord. No. 06-2021]
g. Treasurer reports to be prepared monthly and bank reconciliations
to be completed periodically. Bylaws should be amended to assign members
to review the Department's books at least once a year. Reports are
due from assigned members to the Mayor and Borough Council no later
than April 15 for the preceding year.
h. Checks issued by the Department to carry the signatures of at least
two officers. Checks, rather than cash, should be used to pay for
most expenses, with exceptions made only for very inexpensive purchases.
Receipts to be maintained for all purchases.
i. No alcohol shall be paid for with public or donated funds.
[Ord. No. 09-12 § 7]
No member of the Fire Department shall use any facility, equipment,
or vehicle assigned to the Fire Department to be utilized for any
political purpose.
[Ord. No. 09-12 § 8]
Any member of the Volunteer Fire Department who shall move from
the Borough and shall remain outside the limits of the Borough without
meeting the requirements of Section 2-21h, shall, at the end of 90
days after such removal, cease to be a member of the Fire Department
and shall forfeit any and all rights and privileges accruing from
such membership.