It is the intent of this article to give an
accused member an informal preliminary hearing in order to weed out
minor or unjustified complaints and a full and fair trial thereafter
if the member so demands or of the Police Committee deems it necessary,
with every lawful opportunity to make the member's defense.
Any officer or member of the Police Department
shall be subject to reprimand, fine, suspension from duty or reduction
in rank, according to the nature or seriousness of the offense, for
any violation of this article or of the rules, regulations or orders
of the Department and particularly for the following:
D. Absence from post of duty unless properly relieved.
E. Immorality, indecency or lewdness.
F. Lack of energy or gross ignorance of the laws, rules,
regulations and orders of the Department.
G. Frequenting, except on police business, any gambling
house or house of ill fame or visiting while in uniform or on duty,
except on police business, any tavern or liquor store.
H. Conviction of any criminal law.
I. Making known any proposed action or movement of the
Police Department or contents of any order, other than to persons
immediately concerned in their execution.
J. Conduct subversive of good order and the discipline
of the Police Department.
K. Accepting a bribe or favor as a consideration either
for the performance or nonperformance of the member's duty.
L. Failure to report for duty and work shifts as assigned.
M. Failure to report a known violation of any law or
ordinance of the Borough.
N. Abuse of police cars or other equipment.
No member shall be dismissed from the Police
Department for any cause other than incapacity, either mental or physical;
misconduct; nonresidence in the Borough, as modified under state law;
or disobedience of any provisions of this article or the rules and
regulations of the Department.
Any person desiring to make a complaint against
a member of the Police Department shall do so in writing within 30
days from the date of the alleged offense and not thereafter.
Such complaint shall specify in detail the nature
of the alleged offense, the date thereof and any witnesses thereto,
and a copy shall be delivered to the Police Commissioner or a Deputy
Police Commissioner. A copy thereof shall be served upon the accused
promptly after the filing thereof.
The Police Committee shall forthwith meet privately
and consider the charges preliminarily and give the accused member
the right to be heard in the member's behalf. The Committee may, if
it deems the matter a minor one, invoke any appropriate penalty with
the concurrence in writing of the accused member. The member shall,
however, have the right, if he or she does not concur, to demand a
formal hearing of the charges before the entire Council.
If the accused member demands a formal hearing
or if the Police Committee considers the matter of sufficient importance,
the Committee may, if it sees fit, temporarily suspend the accused
member from duty without pay pending a formal hearing, and it shall
forthwith forward the matter to the Council for action.
[Amended 8-12-2009 by Ord. No. 09-06-1374]
The Council, upon request for a formal hearing,
shall call a formal hearing, upon not less than 15 nor more than 30
days' written notice to the accused member, and shall publicly examine
into the charges. If the charge against the accused officer constitutes
major discipline, which shall be any discipline of five days' suspension
or more, the Borough Attorney and the attorney for the local PBA unit,
during said period of 15 to 30 days, shall confer and agree upon a
neutral third party to act as hearing officer for such formal hearing.
Should the attorneys be unable to agree upon a neutral third party,
the Borough Attorney shall petition the Assignment Judge of the Superior
Court, Bergen County, to appoint such a hearing officer. Such appointment
shall be binding upon the Borough, the accused member and the local
PBA unit. Should the Assignment Judge refuse to appoint such neutral
third party, the attorneys shall confer again and, if they are still
unable to agree upon a neutral third party within seven days, the
Council shall be free to choose a hearing officer.
The Council shall have the power to issue subpoenas
to compel the attendance of witnesses to give testimony concerning
the matter, and any person failing to obey a subpoena shall be subject
to such penalties as are provided by law.
The Police Committee, after an informal preliminary
hearing, may, with the concurrence of the accused member, and the
Council shall, upon finding of guilt of the accused, after a trial,
impose such penalty as in their judgment is warranted by the character
and seriousness of the offense. The penalty imposed may be a reprimand,
loss of pay, suspension from duty without pay, reduction in rank or
dismissal from the Department.
Upon a judgment of suspension or dismissal,
the accused member shall deliver to the Police Commissioner the badge
and any public property in the member's possession.
In the event that a member temporarily suspended
without pay shall be found not guilty, any back pay withheld from
the member shall be restored to the member forthwith.