[Adopted 1-26-2009 by Ord. No. 203-2009; amended in its entirety 6-14-2021 by Ord. No. 380-2021]
A.
Police Department authority; powers; duties: legal authorization. The Police Department has been established pursuant to N.J.S.A. 40A:14-118 and Chapter 33 of the Code of the Township of River Vale. In accordance with N.J.S.A. 40A:14-118, Chapter 33 of the Code of the Township of River Vale designates the Mayor as the appropriate authority responsible for adopting and promulgating rules and regulations for the government of the police force and the discipline of its members.
B.
Rules and regulations established.
(1)
Rules and regulations. The appropriate authority of Township hereby
adopts and promulgates the Department rules and regulations, known
as the "River Vale Police Department Rules and Regulations."
(2)
Right to amend or revoke. For the good of the service, in accord
with New Jersey Statute 40A:14-118, the right is reserved by the appropriate
authority, as the representative of the governing body, to amend or
revoke any of the rules and regulations contained herein.
(3)
Previous rules, regulations, policies and procedures. All rules and
regulations previously issued, and policies and procedures that conflict
with the rules and regulations contained herein, are hereby revoked
to the extent of any such inconsistency. All other rules, regulations,
policies, procedures and general orders not in conflict with those
contained in this manual shall remain in full force unless expressly
revoked by competent authority.
(4)
Application.
(a)
Department rules and regulations, policies and procedures and
written directives are applicable to all police officers of the Department
and, where appropriate, to all civilian employees of the Department.
(b)
An employee who violates any Department rule, regulation or
written directive, or who fails to perform the duties of one's
rank or assignment, either willfully or through negligence or incompetence,
is subject to disciplinary action.
(5)
Distribution. One copy of these rules and regulations shall be electronically
distributed to each employee of the Department through the PowerDMS
software, similar software and/or manual distribution.
(6)
Maintenance. Employees shall be responsible for maintaining a current
copy of the rules and regulations contained in this manual, including
all additions, revisions and amendments as may be issued.
(7)
Familiarization. Employees shall thoroughly familiarize themselves
with the provisions of the rules and regulations and policies and
procedures contained with the Department manual. Ignorance of any
of the provisions of this manual will not be a defense to a charge
of a violation of the rules and regulations.
As used in this article, the following terms shall have the
meanings indicated:
Assigned temporarily to serve in a position to which the
member is not ordinarily assigned, usually in a position of higher
rank. All the authority, responsibilities and duties of the officer
in the higher position devolve upon the acting member.
The combination of vacation, personal and compensatory leave
granted to all employees annually in accordance with the River Vale
Township Code and all applicable collective bargaining agreements.
Mayor of Township of River Vale.
The statutory or policy vested right to give commands, issue
orders, enforce obedience, initiate action and make necessary decisions.
Those so designated may delegate authority. Acts performed without
proper authority or authorization shall be considered in violation
of this manual, and those persons in violation shall be subject to
disciplinary action.
A unit immediately subordinate to a division.
The unbroken line of authority extending from the Chief of
Police through one or more subordinates at each level of command down
to the level of execution and vice versa.
Police officers holding the rank of Captain or above and
assigned to a command position by the Chief of Police.
Those days determined by the Chief of Police on which a given
employee is excused from duty.
Township of River Vale Police Department.
Collection of all lawfully issued rules, regulations, policies,
procedures and general orders. Such manuals in force in the Department
are issued by authority of the Chief of Police. Compliance with the
provisions of Department manuals is required without exception.
A temporary assignment of personnel for a specialized activity.
A police officer, designated as a detective, assigned to
conduct criminal and other investigations while in civilian clothes.
A functional unit having jurisdiction-wide coverage whose
commanding officer reports directly to the Chief of Police or Captain
of Police.
All employees of the Police Department, whether sworn regular
or special police officers or civilian employees.
The general activity of a subdivision of the Department,
e.g., the operations function, the administrative function, etc.
The use of the masculine gender in any directive or manual
includes the female gender, where applicable.
Written directive designed to announce adoption or revision
of policies and to direct procedure for the indefinite future.
The section that houses the headquarters staff and employees
of this Department.
Incapable of satisfactory performance of police duties.
Published materials containing information regarding wanted
persons, crime patterns, and other incidents calling for police attention.
A course of conduct including but not limited to: failure
or deliberate refusal of any employee to obey a lawful order given
by a superior officer. Ridiculing a superior officer or his order,
whether in or out of his presence, is also insubordination. Disrespectful,
mutinous, insolent, or abusive language toward or concerning a superior
officer.
Any written or spoken directive issued by a superior officer,
supervisor or acting supervisor, to any subordinate or group of subordinates
in the course of police duty, which is not in violation of any law,
ordinance or Departmental rule or regulation.
The period of time during which a police officer is excused
from active duty and during which time he receives no pay.
Business Administrator of Township.
Indicates that the action is expected and encouraged.
Any duly appointed police officer of the Department.
Written directive designed to facilitate and provide direction
for the smooth operation of the Department.
The period of time during which an employee is excused from
duty by reason of serving in the Armed Forces of the United States
in an active capacity as provided by law.
The status of a member during the period he is free from
the performance of specified duties.
Any duly appointed police officer of the Department.
Ranking member of the Department on duty. Rank is determined
by grade first, and by seniority in grade second. Any member up to
and including the rank of Lieutenant in charge of a watch or detail.
Further, any officer designated as a Tour Commander shall serve as
the officer-in-charge over any on-duty officers assigned to patrol
duties who are not designated as a Tour Commander.
Through the hands of superior officers in the chain of command.
The status of a member during the period of the day when
he is actively engaged in the performance of his duties. A police
officer is subject to call at all times.
Any written or spoken directive issued by a superior officer
to a subordinate or group of subordinates in the course of police
duty.
Written directive designed to announce promotions, transfers,
assignments and other personnel action to all Department employees.
A subdivision of the patrol bureau comprised of two patrol
squads assigned to a watch.
The singular includes the plural and the plural includes
the singular.
An occurrence or incident suggesting or requiring police
action or service by members.
All vehicles under the control of the Department, whether
marked or unmarked, with or without radio equipment.
Written directive that summarizes the Department position
on the responsibilities, direction or limitations of Department authority
in specific matters. A policy is a component of a general order.
Assignment to a specified location, for a fixed period of
time, to address a specific police purpose.
Any member of the police Department serving a satisfactory
training and evaluation period prior to permanent appointment to the
Department.
Each member shall be required to serve a probationary period
of one year prior to permanent full-time appointment to the Department,
which may be extended by Chief of Police or in his absence the Acting
Chief of the Department.
Written directives that describe expected methods of operation.
Procedures differ from policy in that they direct attention to the
performance of a specific task within the guidelines of the policy.
A procedure is a component of a general order.
Departmental legislation consisting of detailed directives
binding upon employees of all ranks in terms of authority, responsibility
and conduct.
A geographical area administratively designated for purposes
of investigation, supervision or patrol.
A member in any given rank with the longer service in that
rank. Seniority in the Department is established first by rank and
second by time served in rank. Where conflict occurs because of identical
service or dates of appointment, the member with the higher position
on the recommendation list from which the appointments were made is
deemed to be the senior. In situations requiring decisionmaking or
control, where the officers are of equal rank and the decision or
control is required in their area of responsibility, the senior will
make the decision and exercise control unless otherwise designated
by a higher ranking command or supervisory officer.
Indicates that the action referred to is mandatory.
The period of time during which an employee is excused from
active duty by reason of illness or injury by a commanding officer
or watch commander in the absence of a commanding officer.
Police service, the nature of which requires the member to
be reassigned from the performance of his regular duties to perform
other duties as required from time to time by the Chief of Police.
Written directive designed to give specific direction pertaining
to assignments, scheduling and special details.
Persons vested with special police authority pursuant to
N.J.S.A. 40A:14-146,[1] but are not members of the Department.
A functional unit subordinate to a bureau or under the immediate
direction of the Chief of Police. It may be commanded by any rank,
depending on its size and the nature and importance of its function.
An advisory relationship, outside the regular hierarchy of
command and responsibility in which a supervisor may review the work
of another employee who is responsible to another superior officer.
A member lower in rank than his superior officer.
A person holding a higher supervisory or command rank or
position.
Members of the Department assigned to a position requiring
exercise of immediate supervision over the activities of employees.
An act of temporarily denying an employee the privilege of
performing his duties, and relieving him from the duty with or without
pay for a period of time, in consequence of alleged dereliction of
duty or violation of Department rules and regulations.
The words used in the present tense include the future.
The period of time during which a member of the Department
is assigned to active duty.
Township of River Vale, New Jersey.
Materials published and designed to keep officers of this
Department abreast of current police techniques and procedures. The
bulletins and their presentation act as a continuous training program
and as a stimulus for further study. The information contained therein
constitutes official Department policy on the subject matter under
consideration in the absence of instructions to the contrary.
Any number of members and/or employees of the Department
regularly grouped together under one head to accomplish a police purpose.
The specified time period that a particular platoon of officers
is scheduled for duty.
An officer assigned to patrol duties may be designated as
a Watch/Tour Commander by the Chief of Police after a command staff
review of the officer's job knowledge, capabilities and decisionmaking
abilities. Officers designated as a Watch/Tour Commander shall serve
as the officer-in-charge on duty when no officers of higher rank are
present.
Any written document used to guide or affect the performance
or conduct of agency employees. The term includes policies, procedures,
rules and regulations, general orders, special orders, personnel orders,
memoranda, and instructional materials.
A subdivision of the Township with fixed boundaries containing
more than one sector.
[1]
Editor's Note: N.J.S.A. 40A:14-146 was repealed by L.
1985, c. 439, § 14, effective 10-1-1986.
A.
Code of Ethics/mission statement, vision statement, and core values.
(1)
All employees shall read and abide by the Law Enforcement Code of
Ethics.
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AS A LAW ENFORCEMENT EMPLOYEE, my fundamental duty
is to serve the community; to safeguard lives and property; to protect
the innocent against deception, the weak against oppression or intimidation
and the peaceful against violence or disorder; and to respect the
constitutional rights of all to liberty, equality and justice.
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I WILL keep my private life unsullied as an example
to all and will behave in a manner that does not bring discredit to
me or to my agency. I will maintain courageous and calm in the face
of danger, scorn or ridicule; develop self-restraint; and be constantly
mindful of the welfare of others. Honest in thought and deed both
in my personal and official life, I will be exemplary in obeying the
law and the regulations of my Department. Whatever I see or hear of
a confidential nature or that is confided to me in my official capacity
will be kept ever secret unless revelation is necessary in the performance
of my duty.
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I WILL never act officiously or permit personal
feelings, prejudices, political beliefs, aspirations, animosities
or friendships to influence my decisions. With no compromise for crime
and with relentless prosecution of criminals, I will enforce the law
courteously and appropriately without fear or favor, malice or ill
will, never employing unnecessary force or violence and never accepting
gratuities.
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I RECOGNIZE the badge of my office as a symbol
of public faith, and I accept it as a public trust to be held so long
as I am true to the ethics of police service. I will never engage
in acts of corruption or bribery, nor will I condone such acts by
other police officers. I will cooperate with all legally authorized
agencies and their representatives in the pursuit of justice. I know
that I alone am responsible for my own standard of professional performance
and will take every reasonable opportunity to enhance and improve
my level of knowledge and competence. I will constantly strive to
achieve these objectives and ideals, dedicating myself to my chosen
profession...LAW ENFORCEMENT.
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All employees of the Police Department shall read and abide
by The New Jersey Ethics Law. (N.J.S.A. 40A:9-22.1 et seq.)
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(2)
Mission statement. The River Vale Police Department mission is to
commit resources in partnership with the community to:
(3)
Vision statement. The River Vale Police Department vision is to:
(a)
Provide quality and professional law enforcement services to
the community. Commitment to the professional development of the employees
of the River Vale Police Department.
(b)
Recognize that the quality of life issues are important to the
community and the members of the River Vale Police Department.
(c)
The River Vale Police Department shall respond to the changing
needs of the community and its members. This shall be accomplished
through the principles of community policing, leadership, teamwork
and dedication by all members of the Department.
(4)
Core values.
(a)
Integrity: Integrity is the hallmark of the River Vale Police
Department and we are committed to the highest performance standards,
ethical conduct and truthfulness in all relationships. We hold ourselves
accountable for our actions and take pride in a professional level
of service and fairness to all.
(b)
Respect: We treat all persons in a dignified and courteous manner,
and exhibit understanding of ethnic and cultural diversity, both in
our professional and personal endeavors. We guarantee to uphold the
principles and values embodied in the constitutions of the United
States and the State of New Jersey.
(c)
Service: We provide service in a courteous, efficient, and accessible
manner. We foster community and employee involvement through problem-solving
partnerships.
(d)
Fairness: We treat all people impartially, with consideration
and compassion. We are equally responsive to our employees and the
community we serve.
B.
Professional conduct and responsibilities.
(1)
Loyalty (Class 3 offense). Loyalty to the Department and to associates
is an important factor in Department morale and efficiency. Employees
shall maintain a loyalty to the Department and their associates as
is consistent with the law and personal ethics.
(2)
Assistance (Class 2 offense). All members are required to take appropriate
action toward aiding a fellow police officer exposed to danger or
in a situation where danger might be impending.
(3)
Coordination (Class 3 offense). Employees shall endeavor to assist
members of this and other bona fide law enforcement agencies in the
pursuit of official law enforcement agency objectives consistent with
these rules and regulations.
(4)
Truthfulness (Class 1 offense). All employees are required to be
truthful at all times whether testifying under oath or when not under
oath and while reporting and answering questions posed by superior
officers and/or internal affairs investigators.
(5)
Abuse of authority (Class 1 offense). Willful misuse of police powers
by any member for the purpose of violating the rights of any person
is prohibited.
(6)
Conduct unbecoming a police officer (Class 2 offense).
(a)
Due to the nature of police work, the need for organizational
cohesion and cooperation, the awesome power and public trust granted
police officers, the autonomy they often work under and the credibility
needed to sustain effective law enforcement; police officers must
be held to the highest standard in order for a Police Department to
carry out its law enforcement mission.
(b)
Accordingly, police officers shall conduct themselves at all
times, both on and off duty, with high ethical standards, so as not
to bring discredit upon themselves as police officers or upon the
Police Department. Conduct unbecoming a police officer is grounds
for disciplinary action and shall be defined as any improper conduct
which tends to weaken public respect or confidence in the Police Department
or which adversely impacts the confidence amongst fellow officers.
This conduct includes but is not limited to:
[1]
Unlawful, disorderly, immoral, deceitful, dishonest or unethical
conduct by a police officer that adversely affects the morale, efficiency
or good order of the Police Department or damages the reputation of
the officer or Department.
[2]
Cowardly or other dishonorable conduct by a police officer that
injures or puts at risk any person or which tends to lower public
confidence in the officer or Police Department or the mutual confidence
among police officers.
[3]
Slander, false reporting or any means of retaliation by a police
officer against any Department employee for their official acts.
[4]
The willful violation of the code of conduct as set forth in
the Police Department Manual including the Law Enforcement Code of
Ethics.
(7)
Conduct unbecoming an employee in the public service (Class 2 offense).
Civilian employees shall conduct themselves at all times, both on
and off duty, with high ethical standards so as not to bring discredit
upon themselves as employees of the Police Department or upon the
Department itself.
(a)
Unlawful, disorderly, immoral, deceitful, dishonest or unethical
conduct by a civilian employee that adversely affects the morale,
efficiency or good order of the police Department, or that damages
the reputation or credibility of the Police Department, is conduct
unbecoming an employee in the public service and shall constitute
grounds for disciplinary action.
(b)
Slander, false reporting or any means of retaliation by an employee
against any employee for their official acts is conduct unbecoming
an employee in the public service and shall constitute grounds for
disciplinary action.
C.
Duty responsibilities.
(1)
Responsibilities (Class 3 offense). Members of the Department are
always subject to duty and they shall at all times respond to the
lawful orders of superior 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 subdivisions
of the Department does not relieve members of other subdivisions 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 required to take proper action
outside the scope of their specialized assignment when necessary.
(2)
Insubordination (Class 3 offense). Employees shall promptly obey
all lawful orders issued by supervisors and superior officers. Employees
shall not ridicule a superior officer or an order of a supervisor
or superior officer whether in or out of the officer's presence.
Employees shall not use disrespectful, mutinous, insolent or abusive
language toward or about a supervisor or superior officer.
(3)
Neglect of duty (Class 2 offense). Employees shall faithfully and
diligently carry out all of the duties and fulfill all of the obligations
of their office. Failure to take appropriate action on the occasion
of a crime, disorder, or other action or condition deserving of police
attention or any other omission by an employee which represents an
abandonment of one's duties, obligations or assignment is neglect
of duty and will subject that employee to discipline.
(4)
Questions about assignment (Class 5 offense). Members and employees
in doubt as to the nature or detail of an assignment/order shall seek
such information from their supervisors by going through the chain
of command.
(5)
Knowledge of laws and regulations (Class 4 offense).
(a)
Members shall familiarize themselves with their current assignment
and are required to establish and maintain a working knowledge of
all laws and ordinances in force in the Township of River Vale, as
well as all rules, regulations, policies, procedures and general orders
of the Department.
(b)
In the event of improper action or a breach of discipline, it
will be presumed that the affected member was familiar with the law,
ordinance, rule, regulation, policy, procedure, or order in question.
(6)
Performance of duty (Class 3 offense). Employees shall give suitable
attention to the performance of duty and shall perform their duties
as required or directed by law, Departmental rule, regulation, policy,
procedure or lawful order of a superior officer. All lawful duties
required by competent authority shall be performed as promptly as
directed, notwithstanding the employee's general assignment of
duties and responsibilities.
(7)
Action off duty (Class 3 offense). While off duty, members 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, regulations and orders (penalty based on gravity
of offense/violation). Employees shall obey all laws, ordinances,
rules and regulations, policies and procedures, general orders, written
directives and verbal orders of superiors of the Department as applicable.
(9)
Reporting violations of laws, rules, policies and procedures, etc.
(Class 3 offense). Employees knowing of others violating laws, ordinances,
provisions of the Department manual or lawful orders, shall immediately
report same in writing to the Chief of Police via 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.
(10)
Conduct toward superior and subordinate officers and associates
(Class 4 offense). Employees shall treat superior officers, subordinates
and associates with respect. They shall be courteous and civil at
all times in their relationships with one another. When on duty and
particularly in the presence of other members, employees or the public,
employees shall demonstrate a positive attitude and refrain from using
sarcastic remarks of any kind. All officers of the Department shall
address superior officers by rank.
(11)
Criticism of official acts or orders (Class 3 offense). Employees
shall not criticize any lawful official actions, instructions, or
orders of any Department member in a manner which is defamatory, obscene,
sarcastic, unlawful or which tends to impair the efficient operation,
image, authority or reputation of the Department or any supervisor
within the Department.
(12)
Manner of issuing orders.
(a)
Orders from a superior officer to a subordinate shall be in
clear and understandable language, and issued in pursuit of Departmental
business (Class 5 offense).
(b)
When conveying policies, procedures, directives, orders, etc.,
supervisors shall adopt a positive approach and impart the information
in a manner most likely to gain acceptance and compliance (Class 4
offense).
(13)
Unlawful orders (Class 3 offense). No command or supervisory
officer shall knowingly issue any order that is in violation of any
law or ordinance.
(14)
Obedience to unlawful orders (penalty based on gravity of the
offense/violation). Obedience to an unlawful order is never a defense
to an unlawful action. Therefore, no employee shall obey an order
that is contrary to federal or state law, or local ordinance. Responsibility
for refusing to obey rests with the employee. The employee shall be
strictly required to justify his action.
(15)
Improper orders (Class 5 offense). No supervisor shall knowingly
issue any order that is in violation of a provision of the Department
manual.
(16)
Obedience to unjust and improper orders. Employees who are given
orders they feel to be unjust or contrary to a provision of the Department
manual must first obey the order to the best of their ability and
then may proceed to an appeal as provided below. Failure to follow
the order prior to appeal may result in a charge of insubordination.
(17)
Conflicting orders (Class 5 offense). Upon receipt of an order
conflicting with any previous order or instruction, the affected employee
will advise the person issuing the second order of this fact. Responsibility
for countermanding the original order or instruction then rests with
the individual issuing the second order. If so directed, the latter
command shall be obeyed first. Orders will be countermanded or conflicting
orders will be issued only when reasonably necessary for the good
of the Department or public.
(18)
Reports and appeals (Class 5 offense). An employee receiving
an unlawful or improper order shall, at first opportunity, report
in writing to the Chief of Police through official channels. This
report shall contain the facts of the incident and the action taken.
Appeals for relief from such orders may be made at the same time.
(19)
Soliciting gifts, gratuities, fees, loans, etc. (Class 3 offense).
Employees shall not under any circumstances, directly or indirectly,
solicit any gift, gratuity, loan, discount or other fee for their
own personal gain where there is any connection between the solicitation
and their Department membership or employment.
(20)
Acceptance of gifts, gratuities, fees, loans, etc. (Class 3
offense). Pursuant to the provisions of N.J.S.A. 2C:27-6,[1] employees shall not accept any gift, gratuity, fee, loan
or other thing of value, the acceptance of which might tend to influence,
directly or indirectly, the actions of said employee or other employee
in any matter of police business; or which might tend to cast an adverse
reflection on the Department or any employee thereof.
(a)
No employee of the Department shall receive any gift or gratuity
from other members or employees junior in rank, the acceptance of
which might tend to influence, directly or indirectly, the actions
of said employee or other employee in any matter of police business;
without the expressed permission of the Chief of Police.
(b)
Any employee who is found to have accepted money or any other
thing of value to influence his actions in connection with his employment
will be subject to termination of employment.
[1]
Editor's Note: N.J.S.A. 2C:27-6 was repealed by L. 2003,
c. 255, § 7, effective 1-14-2004.
(21)
Rewards (Class 4 offense). Employees shall not accept any gift,
gratuity, or reward in money or other consideration for services rendered
in the line of duty, except lawful salary and that which might be
authorized by law.
(22)
Other transactions (Class 4 offense). 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 his attention or which arose out of his
Department employment, except as may be specifically authorized by
the Chief of Police.
(23)
Disposition of unauthorized gifts, gratuities, etc. (Class 4
offense). Any unauthorized gift, gratuity, loan, fee, reward or other
thing falling into any of these categories coming into the possession
of any employee shall be forwarded to the office of the Chief of Police
together with a written report explaining the circumstances relevant
thereto.
(24)
Debts: incurring and payment (Class 5 offense).
(a)
No employee shall borrow or lend any money or otherwise become
indebted to any other employee.
(b)
Employees shall not solicit other employees to co-sign or endorse
any promissory note or loan.
(c)
No employee shall offer to act as a co-signer or endorser of
any promissory note or other loan for another employee.
(e)
Employees shall promptly pay all just debts and legal liabilities
incurred by them.
(25)
Personal preferment: soliciting (Class 4 offense). Employees
shall not seek influence or intervention with the River Vale Business
Administrator, Mayor, or any member of the governing body in relation
to promotions, assignments, disposition of pending charges, or findings
in a Departmental trial or related matter. This shall not preclude,
however, the right of an employee to be represented by legal counsel
or a union representative.
(26)
Withholding information (Class 2 offense). Employees shall not,
at any time, withhold any information concerning criminal activity
or fail to take appropriate action in response to such information.
(27)
Harassment (Class 3 offense). Employees are prohibited from
any acts that would constitute harassment, sexual or otherwise, as
defined in Department policy.
(28)
Chain of command (Class 4 offense). All employees must be aware
of their relative position with the Department, to whom they are immediately
responsible, and persons accountable to them. All employees shall
follow the established chain of command when dealing with supervisors
and shall keep their supervisors informed of their activities.
(a)
Command officers are entitled to freely discuss matters of policy
and operations at the command and supervisory level.
(b)
Command officers may discuss Department matters with any employee
at any level within the Department in order to maintain rapport and
interaction so needed and vital to a successful organization.
(29)
Gossip (Class 3 offense). Employees shall respect the private
lives of other employees and not engage in conversations or communications
about activities that are designed to slander or demean their coworkers.
Gossip and fabricated stories concerning both job-related and non-job-related
activities of coworkers will be reason for disciplinary action; as
such activities tend to impair the efficient operation and harmonious
work environment of the Department.
(30)
Circulating false information (Class 3 offense). Employees shall
not make false or misleading statements about Department activities,
including, but not limited to, policies, investigations, disciplinary
actions and personnel decisions; when such statements are intended
to or may tend to adversely affect the morale or good order of the
Department, or undermine the authority of any supervisory officer.
(31)
Reasonable caution in performance of duty (Class 3 offense).
Employees shall exercise reasonable and prudent judgement and care
in the performance of duty so as to minimize the risk of injury and/or
damage to all persons and/or property.
(32)
Supervision of subordinates (Class 3 offense). Department supervisors
shall properly monitor, instruct, counsel, supervise, direct, and
discipline the personnel assigned to their command and enforce all
Department rules, regulations, policies, procedures, directives and
orders issued by competent authority.
(a)
Supervisors are required to promptly report any unsatisfactory
performance or violations through official channels.
(b)
Supervisors are responsible for attempting to create a positive
attitude amongst their subordinates and in so doing must endorse the
policies, directives and decisions of their superiors.
D.
General conduct.
(1)
Prohibited activity on duty. Employees who are on duty are prohibited
from engaging in activities which are not directly related to the
lawful performance of their official duties, including, but not limited
to:
(a)
Sleeping (Class 3 offense).
(b)
Conducting private meetings (Class 3 offense).
(c)
Gambling, unless to further a police purpose (with the consent
of the Chief of Police) (Class 3 offense).
(d)
Sexual activity of any kind (Class 2 offense).
(e)
Conducting non-police-related activities or business (Class
4 offense).
(f)
Recreational reading (except on meal breaks), loafing, idling
(Class 5 offense).
(h)
Leaving the Township without supervisory approval (Class 3 offense).
(2)
Alcoholic beverages and drugs.
(a)
Employees shall not report for duty under the influence of intoxicants
to any degree nor shall they have the odor of an alcoholic beverage
emanating from their person. This condition shall cause the employee
to be unfit for duty. Superior officers shall not assign to duty any
employee in an unfit condition due to the use or odor of intoxicants
and shall immediately relieve of duty and service weapon any member
found on duty in such condition (Class 2 offense).
(b)
Employees shall not drink any kind of intoxicating beverage
at any time while on duty unless absolutely necessary in the performance
of duty and will not render the employee unfit; and then only with
the prior expressed permission of the Chief of Police or his designee
(Class 2 offense).
(c)
Employees shall refrain from drinking intoxicating beverages
for a period of time necessary to ensure absence of alcohol in the
blood, to any degree, prior to reporting for duty (Class 3 offense).
(d)
Employees shall refrain from drinking alcoholic beverages for
a period of time necessary to ensure absence of an odor of alcoholic
beverages on their person, prior to reporting for duty (Class 4 offense).
(e)
Any member who has a reasonable suspicion to believe that a
fellow member of this Department is under the influence of intoxicating
liquor or drugs must immediately report such fact to his/her immediate
supervisor (Class 2 offense).
(f)
Employees shall not bring or keep any intoxicating beverage
or drugs on Department premises, except when necessary in the performance
of a police objective and then it shall be properly identified and
stored according to Department policy (Class 3 offense).
(g)
Intoxicating beverages shall not at any time be consumed at
the police headquarters (Class 3 offense).
(h)
Employees shall not have intoxicants on their person while on
duty or in uniform, or in any police building or vehicle, except for
evidential or other authorized purposes (Class 3 offense).
(i)
Off-duty employees will not consume alcoholic beverages to the
extent (Class 4 offense):
(j)
Employees shall not drink or be under the influence of alcoholic
beverages while in the Department uniform or any part thereof (Class
3 offense).
(k)
If so ordered by a supervisory officer in furtherance of an
investigation having a bearing on an officer's employment or
fitness for duty/continued employment, a member must submit to a blood
test, a breath test, or any other test to determine the percentage
of alcohol in the blood.
(l)
No liquor license shall be held by any police officer, or by
any profit corporation or association in which any such member is
interested, directly or indirectly (Class 2 offense).
(m)
No law or regulation promulgated by the Department of Alcoholic
Beverage Control, however, prohibits members of the Department from
being employed, other than in the Township for which they serve as
police officers, by a business licensed to sell alcoholic beverages
in this state.
[1]
Members shall not be employed by any business licensed to sell
alcoholic beverages in the Township (Class 2 offense).
(o)
No member so employed shall be permitted to work in excess of
24 hours per week in any such establishment (Class 4 offense).
(p)
No member shall enter a licensed liquor establishment while
on duty, unless on official business or upon prior authorization of
the Chief of Police or his designee. Members shall not enter a licensed
liquor establishment while off duty and in any part of the uniform
(Class 3 offense).
(q)
All members shall fully comply with the Departmental drug testing
policy and procedures (Class 1 offense).
(r)
Medication (Class 3 offense).
[1]
Employees shall not take any medication that might diminish
their alertness or impair their senses prior to or after reporting
for duty, unless otherwise directed by a physician.
[2]
When employees are required to take any prescription or nonprescription
medication that might 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. It shall be the responsibility
of the employee to make the notification prior to the employee being
assigned to duty. This information so provided shall remain confidential.
[3]
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 medication.
(3)
Loitering (Class 5 offense). All employees on duty or in uniform
shall not enter taverns, theatres, or other public places, without
legitimate cause, except to perform a police task. Loitering and unnecessary
prolonged conversation in such locations is forbidden.
(4)
Relief (Class 3 offense). All employees are to remain at their assignment
and on duty until properly relieved by another employee or until dismissed
by competent authority.
(5)
Reporting (Class 5 offense). Employees shall promptly and accurately
prepare and submit such reports as are required by the performance
of their duties or by competent authority.
(6)
False reports (Class 1 offense). Employees shall not knowingly submit
written or oral communications that are fabricated, factually inaccurate
or intentionally misleading and that could lead to an investigation
or prosecution of any person for a crime, offense or violation of
Departmental rule, regulation, policy, procedure, etc.
(7)
Reporting for duty (Class 3 offense). Employees shall report for
duty, properly uniformed and equipped, on the date, time and place
specified. Employees failing to report at the date, time and place
specified without the consent of competent authority shall be considered
"absent without leave."
(8)
Physical fitness for duty (Class 5 offense). All members of the Department
shall maintain good physical condition so they can handle the strenuous
physical contacts often required of a law enforcement officer.
(9)
Smoking while on duty (Class 5 offense). Employees shall not smoke
at any time while in police headquarters or in a Police Department
vehicle. Members shall not smoke on duty while interacting with the
public.
(10)
Driver's license (Class 2 offense).
(11)
Crimes/offenses involving moral turpitude (Class 1 offense).
Any employee who commits a first, second or third degree crime, or
any offense involving moral turpitude that touches his position as
a police officer, shall be considered unfit for continued employment.
E.
Investigations.
(1)
Investigations (Class 3 offense). All employees involved in any official
Department investigation of any matter will fully comply with the
policies and procedures of the Department governing same.
(2)
Confidentiality.
(a)
Employees shall keep confidential any business of the Department
that is not a matter of public concern and shall not impart confidential
information to anyone except those for whom it is intended, or as
directed by their supervisor (Class 2 offense).
(b)
Employees shall keep confidential information that is not considered
public information pertaining to Department events, operations, arrests
or other activities without authorization of the Chief of Police or
his designee (Class 3 offense).
(c)
Employees shall not make known to any person any Department
order which they might receive, unless so required by the nature of
their assignment (Class 4 offense).
(3)
Reports.
(a)
Employees shall not exhibit or divulge the contents of any Department
record or report to any person, except on approval of the Chief of
Police, or under due process of law, or as directed by Department
procedure (Class 2 offense).
(b)
Employees shall not destroy or permanently remove from its proper
location any official record/police report without proper authorization
(Class 2 offense).
(c)
Employees may copy or remove official records/reports from police
headquarters in accordance with the procedures established in the
discovery process and with permission of the Chief of Police (Class
3 offense).
(4)
Cooperation (Class 2 offense). Employees are required to fully answer
all questions, file reports, or render material or relevant statements,
in any authorized Departmental investigation when such questions and
statements are directly related to job responsibilities or a legitimate
Departmental interest.
(5)
Unauthorized investigations (Class 2 offense). Employees will not
self assign any investigation (criminal, internal, civil or private)/other
law enforcement action not part of their regular assigned duties without
obtaining permission from their supervisor, unless the situation requires
immediate law enforcement action. In those cases, a written report
will be completed as soon as is practical thereafter.
F.
Compromising criminal cases.
(1)
Interference with legal process (Class 2 offense). Employees shall
not attempt to interfere with the legal process, except through official
Departmental channels in situations where a manifest injustice might
otherwise occur, nor participate in or be concerned with any activity
which might interfere with the process of law.
(2)
Traffic cases (Class 2 offense). Employees shall not attempt to have
any traffic summons or notice to appear stricken from the calendar,
except in connection with legitimate criminal justice interests and
then done in conformance with established court procedures. In any
instance where it becomes necessary to void a traffic or criminal
summons or warrant, officers will follow the procedure set forth by
the court.
(3)
Assisting criminals.
(a)
Employees shall not directly or indirectly assist persons to
escape arrest or punishment for any unlawful activity (Class 2 offense).
(b)
Employees shall not directly or indirectly assist persons to
dispose of or secrete evidence of unlawful activity or money, merchandise,
or other property unlawfully obtained (Class 1 offense).
G.
Prisoners.
(1)
Assisting escape (Class 1 offense). Employees shall not communicate
any information that may aid a person to escape custody or arrest,
nor shall they directly or materially aid a person to escape custody
or arrest.
(2)
Recommending an attorney or bail bond broker (Class 3 offense). 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.
(3)
Acting as bailer prohibited (Class 2 offense). Employees cannot act
as bailer for any person in custody, except relatives, or in any case
where any fee, gratuity or reward is solicited or accepted.
H.
Conduct toward the public.
(1)
Courtesy (Class 5 offense). Employees shall be courteous and orderly
in their dealings with the public. They shall perform their duties
quietly, avoiding harsh, violent, profane or insolent language, and
always remain calm regardless of the provocation to do otherwise.
They shall attend to requests from the public quickly and accurately,
avoiding unnecessary referral to other parts of the Department.
(2)
Professional demeanor (Class 5 offense). Employees shall avoid giving
the appearance they are evading the performance of their duty or are
disinterested in problems of persons who may be transferred for service.
Employees will not belittle a seemingly trivial request, complaint,
or piece of information.
(3)
Identification as a police officer (Class 5 offense). Except where
impractical or where identity is obvious, members shall identify themselves
by displaying the official badge or identification card prior to taking
any police action.
(4)
Request for identification (Class 5 offense). Upon request, employees
are required to provide their name and badge numbers, if applicable,
in a courteous manner.
(5)
Impartiality (Class 3 offense).
(a)
Employees shall not exhibit bias or favoritism toward any person
because of race, sex, sexual orientation, creed, color, national origin,
ancestry, or influence, nor shall they allow their personal interests
to interfere with objectivity concerning police matters.
(b)
Unwarranted interference by officers under the color of law
in the private business of others when not in the interest of justice
is strictly prohibited.
(6)
Use of derogatory terms (Class 3 offense). Employees shall not use
language that is derogatory to anyone because of race, sex, sexual
orientation, creed, color, national origin, ancestry, or influence.
(7)
Availability while on duty (Class 4 offense). Employees while on
duty shall not conceal themselves except for some police purpose.
They shall be immediately and readily available to the public during
duty hours.
(8)
Response to calls (Class 3 offense). Members shall respond without
unnecessary delay to all calls for police assistance from citizens
and other members. Members shall answer all calls directed to them
unless otherwise directed by competent authority.
(9)
Public statements (Class 2 offense). Employees shall not make public
statements concerning the actions, plans, policies, or affairs of
the Department which may impair or disrupt the operation of the Department
or which are obscene, unlawful, defamatory, or otherwise prohibited
by written directive or rule and regulation.
(10)
Affiliation with certain organizations prohibited (Class 3 offense).
Employees shall not join, nor shall they affiliate themselves with
any organizations whose constitution embraces provisions that might
in any way prevent the proper and efficient functioning of the Department.
This prohibition does not apply to "the active military or naval service
of the United States or of this state, in time of war or an emergency,
or during any period of training, or pursuant to or in connection
with the operations of any selective service system" (Source: N.J.S.A.
38:23-4).
(11)
Affiliation with radical groups (Class 3 offense). No employee,
except in the discharge of police duties, shall knowingly associate
with or have any dealings with any person or organization which advocates
the violation of law, or which professes hatred, prejudice, or oppression
against any racial or religious group or political entity.
(12)
Publicity (Class 5 offense). Employees shall not seek personal
publicity in the course of their employment.
(13)
Commercial testimonials (Class 4 offense). Employees shall not
permit their names or photographs to be used to endorse any product
or service that is in any way connected to law enforcement without
the permission of the Chief of Police. They shall not allow their
names or photographs to be used in any commercial testimonial that
alludes to their position or employment with the Department without
prior authorization from the Chief of Police.
(14)
Recorded Conversations with members of the Department (Class
2 offense). No officer shall record another member of the Department
without the officer's knowledge and consent, or without the written
permission of the Chief of Police.
I.
Political activities.
(1)
Political activities prohibited (Class 2 offense). Members shall
not actively engage in political campaigns and activities, while in
uniform or on duty. Employees shall not directly or indirectly use
or attempt to use their official position to influence the political
activity of another.
(2)
Off-duty political activities (Class 3 offense). Members may engage
in off-duty political activities except when such activities will
harm or impair the operation or discipline of the Department.
(3)
Election to public office (Class 2 offense). Members shall not be
candidates for or hold office in elective public positions or political
organizations within or inclusive of Township of River Vale unless
authorized to do so by the county prosecutor.
(4)
Soliciting prohibited (Class 2 offense). Employees shall not solicit
contributions for political purposes while on duty, nor shall they
interfere with or use the influence of their office for political
reasons.
(5)
Contributions. Employees may contribute funds or any other thing
of value to candidates for public office subject to the provisions
of law governing such contributions.
(6)
Polling duties (Class 3 offense). Members shall not engage in any
polling duties while on-duty. Any member working at a polling place
while off duty shall not have an exposed firearm or exhibit any evidence
of his employment as a police officer.
(7)
Displaying of political material (Class 3 offense). Employees shall
not display any political material on any government property or on
their person while on duty or in uniform.
J.
Judicial appearances and testimony.
(1)
Testifying for the defense (Class 3 offense). Any employee subpoenaed
or requested to testify for the defense in any legal proceeding or
against the Township or Department in any hearing or trial shall notify
the Chief of Police immediately upon receipt of the subpoena or request.
(2)
Contact with the defense (Class 3 offense). Any employee contacted
by the defense in any legal or administrative proceeding brought by
the Township, or plaintiff in any legal or administrative proceeding
brought against the Township, shall immediately notify the Chief of
Police.
(3)
Civil action: expert witnesses (Class 4 offense). Employees shall
not volunteer or agree to testify as expert witnesses in civil actions
without the prior written approval of the county prosecutor.
(4)
Civil process (Class 5 offense). Employees shall not serve civil
process or assist in civil cases unless such service is approved by
their immediate supervisor.
(5)
Court appearances; subpoenas (Class 3 offense). Employees shall honor
all lawfully issued subpoenas and shall promptly appear for all scheduled
judicial proceedings when notified by subpoena or other established
Departmental procedure.
K.
Personnel regulations.
(1)
Hours of duty. Employees shall have regular hours assigned to them
for active duty, and when not so engaged, they shall be considered
off duty. Employees are subject to be recalled to duty as needed.
(2)
Sick leave/workmens' compensation (Class 2 offense). Employees
will not pretend illness or injury, falsely report themselves to be
injured or ill, or otherwise deceive or attempt to deceive a supervisor
or the Township physician as to their health.
(3)
Absences without leave for five consecutive days (Class 1 offense).
Except as otherwise provided by law, any permanent member or officer
of this police Department who shall be absent from duty without just
cause or leave of absence for a continuous period of five days shall
cease to be a member of this Police Department (Reference: N.J.S.A.
40A:14-122).
(4)
Compensation for damages (Class 4 offense). Employees who have sustained
injury while on or off duty and who have received salary from the
Township while injured shall notify the Chief of Police in writing
of any intent to seek, sue, solicit, or accept compensation as damages
for such injury. This notice shall be filed before any action is taken.
It shall include the facts of the claim and the name of the respondent.
(5)
Fitness for duty. The Chief of Police shall have the authority, in
conjunction with his responsibility for the disposition and discipline
of the Department, to require psychological and medical examinations
for any employee for the purpose of determining the employee's
fitness for duty.
(6)
Resignation. All resignations of employees must be tendered in writing
and bear the signature of the, person resigning. Employees shall provide
the Chief of Police with no less than two weeks' written notice.
Once tendered, the Township has the right to rely on the resignation
and it will be considered nonrescindable unless approved by the Mayor.
L.
Uniform, appearance, and identification regulations.
(1)
Regulation uniforms required. All uniformed personnel of the Department
shall maintain in good order a regulation uniform. All uniformed personnel
shall be neat appearing, and well-groomed while in uniform. All articles
of uniform shall conform to the Department uniform regulations. Uniforms
shall be made of the material and the style prescribed in police orders,
and such style shall not be altered or changed in any manner, whatsoever,
unless authorized by the Chief of Police or designee.
(2)
Manner of wearing the uniform. All uniformed personnel of the Department
shall wear the uniform on duty as prescribed by Department Written
directive for the employee's current assignment. However, supervisors
may prescribe other clothing as required by the nature of the duty
to which a particular employee is assigned.
(3)
Manner of wearing civilian attire. Members and employees permitted
to wear civilian clothing while on duty shall wear clothing that is
suitable for a business environment and neat in appearance. Supervisors
may prescribe other types of clothing when necessary to meet a particular
police objective.
(4)
Wearing or carrying identification. Members shall wear or carry their
Department identification at all times, provided that it is practical
for the circumstances.
(5)
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.
(6)
Personal appearance. Every employee of the Department, while on duty,
must at all times be neat and clean in person, their clothes cleaned
and pressed, and their uniform in conformity with the rules and regulations
of this Department. Supervisors may prescribe other clothing as required
by the nature of the duty, which a particular member is assigned.
Non-uniformed employees may be permitted deviations from this section
as directed by the Chief of Police or designee and in keeping with
a professional appearance.
(a)
Male employees.
[1]
Hair shall be neatly trimmed and groomed. Hair shall be cut
to present a tapered appearance on the side and back and, when combed,
shall not fall over the ears or eyebrows, or extend over the shirt
or coat collar when standing with the head in a normal position. There
shall be no designs cut into the head hair. Designs such as numbers,
insignias, or other inscriptions are strictly forbidden. Hair coloring,
if used, must appear natural.
[2]
Sideburns shall not extend below the bottom of the earlobe.
The width shall not exceed 1 1/4 inches at the broadest point.
The growth shall not be more than 1/4 inch in depth.
[3]
Mustaches shall be neatly trimmed and the extent of the growth
shall be limited to being even with the line of the corner of the
mouth. Length of the hair shall be no more than 1/4 inch, nor appear
bushy. The ends may not be waxed or twisted.
[4]
Beards shall not be permitted. Personnel with a medical condition,
which precludes shaving, shall be required to present a written statement,
signed by a medical doctor, verifying such condition. Beards may be
permitted for religious reasons upon approval of the Chief of Police.
Non-uniformed employees may deviate from the above beard standard
as authorized by the Chief of Police. This regulation does not prevent
the Chief of Police from authorizing deviation for fund-raising purposes,
such as No Shave November.
[5]
Hair growing from the chest, neck, ears or nose shall be neatly
trimmed. Chest hair shall not extend over the collar, tie or exposed
t-shirt.
[6]
Fingernails shall be clean and trimmed. Nails shall not extend
beyond the tips of the fingers.
(b)
Female employees.
[1]
Hair shall not be worn longer than the bottom of the shirt or
coat collar at the back of the neck when standing with the head in
a normal position. Hair may be worn slightly over the ears, but in
no case shall the bulk or length of hair interfere with the wearing
of the authorized uniform headgear. A bun or twist will be permitted
on the back of the head, provided it is worn in a neat manner and
does not interfere with the wearing of Department headgear. No ribbons
or ornaments shall be worn in the hair except for neat inconspicuous
bobby pins or conservative barrettes, which blend with the hair color.
Hair coloring, if used, must appear natural.
[2]
Cosmetics may be worn provided they are subdued and blended
to match the natural skin color of the individual. False eyelashes
are not permitted.
[3]
Fingernails shall be clean and trimmed. Nails shall not extend
beyond the tips of the fingers.
(c)
Jewelry and apparel (all).
[1]
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
non-uniform employees on duty from wearing jewelry appropriate for
the conditions of their current assignment in accordance with Department
written directive.
[2]
No visible body piercing jewelry shall be worn while on duty.
This shall include but not limit to nose, eyebrow and tongue piercing.
(d)
Tattoos or similar markings (all).
[1]
Definitions:
[a]
TATTOO — The act or practice of marking the
skin with designs, forms, figures, art, etc.
[b]
SCARIFICATION — The act of intentional cutting
of the skin for the purpose of creating a design, form, figure or
art.
[c]
BRANDING — The act of intentional burning
of the skin for the purpose of creating a design, form, figure or
art.
[2]
The following tattoos, scarifications and brands are prohibited:
[a]
Any tattoo, scarification or brand located on the
hand, head, face or neck. The Chief of Police reserves the right to
require an officer to cover up a tattoo(s) while the officer is in
uniform.
[b]
Depictions of nudity or violence; sexually explicit
or vulgar art, words, phrases or profane language; symbols likely
to offend other members, employees, or members of the public, i.e.,
swastikas, pentagrams or similar symbols; initials, acronyms or numbers
that represent criminal or historically oppressive organizations,
(i.e., AB, KKK, SS, MM, BGF, HA, 666) or any street gang names, numbers
and/or symbols; or any language or depiction that may impair or disrupt
the operations of the Department, or is inconsistent with the mission
of the Department.
A.
Departmental discipline.
(1)
Purpose. The Department has established this disciplinary process
as a means of achieving the below-listed objectives through the reasonable
and consistent application of discipline to address breaches of the
code of conduct:
(a)
Insure the highest professional standards for law enforcement
within the agency.
(b)
Providing citizens with a fair and effective avenue for redress
of their legitimate grievances against law enforcement officers.
(c)
Protect employees from false charges of misconduct or wrongdoing
and provide accused officers with due process safeguards.
(d)
Monitoring employees' compliance with laws, ordinances,
and Departmental rules, regulations, policies, procedures, directives
and orders.
(e)
Identifying problem areas in which increased training or direction
is necessary.
(2)
Factors. Disciplinary action shall be imposed to accomplish the purposes
of the disciplinary process and shall take into account all of the
aggravating and mitigating factors of the case, including, but not
limited to:
(3)
Disciplinary action.
(a)
Department employees, 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
the Township Municipal Code, or failure, either willfully or through
neglect or incompetence, to perform the duties of their rank or assignment;
or for violation of any rule, procedure or written directive of the
Department; or for 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.
(b)
The disciplinary system established herein shall reflect the
overarching emphasis for improving the quality of service being delivered
by employees of this Department. Discipline should not engender a
strictly negative connotation. The disciplinary process is meant to
correct employee actions and conduct that tend to impede the efficient
and effective operation of the Department. The proper use of discipline
can achieve this objective without realizing a reduction in morale.
Training and counseling shall be a function of the Department's
overall disciplinary system. In lieu of discipline, training and counseling
shall be corrective actions used to modify an employee's performance.
(4)
Corrective action/penalties. The Department shall establish a scale
of corrective action/penalties that may be assessed against any employee
of the Department as disciplinary action:
(c)
All training and counseling resulting from a performance issue
shall be documented and forwarded through the appropriate chain of
command to the Chief of Police or designee.
(d)
All punitive actions applied as a result of discipline shall
be documented and forwarded through the appropriate chain of command
to the Chief of Police or designee. The disciplinary document shall
be filed in the employee's personnel file.
(5)
Causes for removal. Any one of the following may be cause for removal
from the service, although removals may be made for sufficient causes
other than those listed:
(a)
Neglect of duty.
(b)
Incompetence or inefficiency.
(c)
Incapacity due to mental or physical disability.
(d)
Insubordination or serious breach of discipline.
(e)
Intoxication while on duty.
(f)
Illegal drug usage.
(g)
Chronic, pattern or excessive absenteeism.
(h)
Disorderly or immoral conduct.
(i)
Willful violation of any of the provisions of the rules and
regulations or other statutes relative to the employment of public
employees.
(j)
The conviction of any criminal act.
(k)
Negligent or willful damage to public property or waste of public
supplies.
(l)
Conduct unbecoming an employee in the public service.
(m)
Conduct unbecoming a police officer.
(n)
The use or attempted use of one's authority or official
influence to control or modify the political action of any person.
(o)
Lying, misrepresentations, falsifications in written/oral reporting
or official inquiry.
(6)
Repeated violations (Class 1 offense). Repeated violations of the
rules and regulations, policies, procedures, directives or orders
shall be indicative of an employee's disregard of the obligations
of all employees and shall be cause for dismissal. This shall apply
regardless of the severity of the offense and reckoning period, and
regardless of whether the violations are of the same type.
(7)
Relationship of penalties to offense. The information contained herein
is intended to guide the appropriate authority in administering fair
and uniform punishment for violations of the rules and regulations
of the Department. The suggested penalties shall in no way limit the
penalty that the appropriate authority may elect to impose.
(8)
(9)
Authority to impose major discipline. The appropriate authority may
suspend with or without pay, demote or dismiss an employee due to
inefficiency, incompetence, misconduct, negligence, insubordination,
violation of the rules and regulations or for other sufficient cause.
B.
Disciplinary procedure.
(1)
Establishing a violation. Existence of facts establishing a violation
of a law, ordinance, or rule 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 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 or is otherwise such an egregious or blatant act that
would be universally recognized as misconduct.
(2)
Discipline by supervisory personnel. Supervisory personnel may take
the following corrective/disciplinary measures:
(3)
Emergency suspensions.
(a)
Any superior officer may immediately suspend an employee from
duty if they determine one of the following exist:
[1]
The employee is unfit for duty; or
[2]
The employee is a hazard to any person if permitted to remain
on the job; or
[3]
An immediate suspension is necessary to maintain safety, health,
order or effective direction of public services; or
[4]
The member has been formally charged with a crime of the first,
second or third degree, or a crime of the fourth degree or a disorderly
persons offense while on duty or the act touches upon his or her employment.
(b)
In accordance with N.J.S.A. 40A: 14-149.1, notwithstanding any
other law to the contrary, whenever any municipal police officer is
charged under the law of this state, another state, or the United
States, with an offense, said police officer may be suspended from
performing his duties, with pay, until the case against said officer
is disposed of at trial, until the complaint is dismissed, or until
the prosecution is terminated; provided, however, that if a grand
jury returns an indictment against said officer, or said officer is
charged with an offense which is a high misdemeanor or which involves
moral turpitude or dishonesty, said officer may be suspended from
his duties, without pay, until the case against him is disposed of
at trial, until the complaint is dismissed or until the prosecution
is terminated. The Chief of Police shall immediately submit a report
explaining such action to the Mayor.
(4)
Emergency interdepartmental disciplinary action. When the improper
conduct of a member or employee of one division\bureau\unit is of
such nature that immediate or emergency disciplinary action is required
of a command or supervisory officer of another division\bureau\unit,
such action may be taken at once within the following limitations:
(5)
Interdepartmental oral reprimand. When the commanding or supervisory
officer of one division orally reprimands a member or employee of
another division, he shall notify the supervisor of the member or
employee so disciplined as soon as possible. He shall also submit
a written report of this action and the reason therefor to his commanding
officer and also the commanding officer of the member or employee.
(6)
Follow-up on emergency suspensions. 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. In the absence of the Chief of Police it shall be the responsibility
of the Acting Chief of Police.
(7)
Reports of disciplinary action taken or recommended. Whenever any
disciplinary action is taken or recommended (except for oral reprimands),
a written report must be submitted immediately to the Chief of Police
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 incident.
(c)
The section number and name of the violated rule.
(d)
A complete statement of the facts of the misconduct.
(e)
The punishment imposed or recommended.
(f)
The written signature, badge number, and rank of the preparing
officer and his position in relation to the member or employee being
disciplined.
(8)
Endorsement and forwarding of disciplinary reports. Each level in
the chain of command must review, sign and forward reports bearing
on disciplinary matters. Such endorsement may be one of approval,
disapproval, or modification. No 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 Departmental procedures.
(9)
Informing the person being disciplined. The member being disciplined shall be so informed of the charges, in writing, as provided by N.J.S.A. 40A:14-147 and Subsection D(1) of these rules and regulations. The member shall be granted all procedural rights and safeguards as provided by law.
(10)
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.
(11)
Investigator's authority. Investigators assigned to an
investigation are the direct representative of the Chief of Police
and, as such, shall receive the cooperation of all employees 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 doing so, he must remain objective and thorough
when submitting his report. His 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.
C.
Departmental disciplinary hearings.
(1)
Charges. When an internal investigation establishes a preponderance of evidence that a member is guilty of violating a Department rule or regulation, penalty for which entitles the member to a hearing as provided for in Subsection D(1), a preliminary notice of disciplinary action shall be prepared and personally served upon the respective member. The charges shall contain:
(a)
The name, address and title of the member against whom the action
is being instituted.
(b)
The rule, regulation, law or ordinance violated; or a description
of other misconduct being charged.
(c)
Specification of the alleged facts upon which the charges are
based.
(d)
The time, date and place at which the hearing is scheduled to
be held.
(e)
The signature of the proper authority and his official title.
(2)
Hearings.
(a)
The disciplinary hearing shall be scheduled during the business
day, but no sooner than 10 days and no later than 30 days after said
notice is personally served upon said member, subject of course to
the granting of reasonable requests for postponements.
(b)
Where a disciplinary hearing has been postponed pending the
determination of criminal or quasi-criminal charges filed on the basis
of the same factual situation which gave rise to the departmental
charges, said departmental hearing must be held within 30 days after
the Department receives notice of such disposition. The duty to advise
the Department that said judicial determination has been made is that
of the respective member.
(c)
Personal service is actual service upon any employee as well
as actual service upon any member of the employee's household
over 18 years of age residing in the residence of said employee.
(d)
All disciplinary hearings shall be closed to the public unless
the defendant employee requests an open hearing. In such case, the
Department reserves the right to petition the hearing officer to conduct
a closed hearing if a legitimate reason exists for such request.
(e)
Every member formally charged with a violation of Department
rules and regulations 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.
(f)
The Chief of Police may prosecute the complaint himself or request
the Township to appoint a qualified representative to present the
case.
(g)
The Mayor shall be the hearing officer charged with the responsibility
of conducting the necessary hearings with respect to the aforementioned
charges. The Mayor may appoint a qualified representative to serve
as hearing officer to prepare findings of fact and recommendations
as to violations and quantum and type of punishment, if any.
(h)
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.
(i)
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.
(j)
The hearing officer shall admit all testimony having reasonable,
probative value, but shall exclude immaterial, irrelevant or unduly
cumulative testimony.
(k)
The hearing officer shall give effect to the rules of privilege
as provided by law, but no person shall be excused from testifying
or presenting evidence on the ground of possible self-incrimination
with regard to an administrative disciplinary matter.
(l)
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.
(m)
All hearings may (in the discretion of the respective hearing
officer) be recorded by:
(n)
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 verdict as soon as practical thereafter.
(o)
Although the verdict may be verbal at the time of the hearing,
the determination must be reflected upon a final notice of disciplinary
action that must be personally served upon the respective member as
soon as practical after the termination of said disciplinary hearing.
(3)
Appeals. The appeal of discipline or corrective action imposed against
an employee may be taken consistent with laws of the State of New
Jersey and/or the grievance procedures of the current collective bargaining
agreements, ordinances and/or the Township of River Vale Policies
and Procedures Manual.
D.
Members' rights during departmental investigations and disciplinary
hearings.
(1)
Hearing. Each member is entitled to a hearing before the appropriate
authority or his designee, for any charge that exposes the employee
to discipline as follows:
(2)
Settlement agreement. Nothing shall prohibit a member from directly
negotiating a settlement agreement with the Chief of Police or appropriate
authority concerning the disposition of a disciplinary matter. If
a settlement is reached concerning the disposition of a pending disciplinary
matter, a stipulation and agreement as to disciplinary action form
shall be fully executed by the effected member, Chief of Police or
appropriate authority concerning the disposition of a disciplinary
matter. If a settlement is reached concerning the disposition of a
pending disciplinary matter, a stipulation and agreement as to disciplinary
action form shall be fully executed by the effected member, Chief
of Police and appropriate authority.
