A.Â
Distribution of the Manual. One copy of the Police
Manual containing the rules and regulations shall be distributed to
each police officer and to certain civilian employees of the Police
Department. Also, for reference purposes, copies shall be distributed
to the offices of the Township Clerk, the Township Manager and the
Township Council. In addition, all standard operating procedures and
special orders shall be distributed to each police officer and civilian
employee when applicable.
B.Â
Responsibility for maintenance. All members and employees
who are assigned a Manual shall be responsible for its maintenance
and care. All Manuals shall be kept current, and supplementary pages
concerning additions, revisions or amendments shall be promptly and
properly inserted.
C.Â
Familiarization. Each police officer and each civilian
employee is duty bound to thoroughly familiarize himself with the
provisions of the Police Manual. Failure to comply shall be considered
neglect of duty.
D.Â
Ignorance of contents of Manual. In the event that
neglect of duty is charged against a member for failure to observe
the rules and regulations or Department procedures or orders, ignorance
of any provision of this Manual or any Department procedure or order
will not be accepted as an excuse.
The terminology listed in this section has been
defined to provide uniformity in usage and to clarify meanings when
these terms are used.
A.Â
ANNUAL VACATION
BEAT
BUREAU
CHAIN OF COMMAND
COMMANDING OFFICER
DAYS OFF
DEPARTMENT
DETAIL
DETECTIVE
DIVISION
EMPLOYEE
GENERAL ORDERS
HEADQUARTERS
INCOMPETENCE
INSUBORDINATION
LAWFUL ORDER
MEMBER
MEMORANDA
MILITARY LEAVE
NEGLECT OF DUTY
OFF DUTY
OFFICIAL CHANNELS
ON DUTY
ORDER
PERSONNEL ORDERS
POLICE MANUAL
RULES, REGULATIONS AND PROCEDURES
SECTION
SENIORITY
SHIFT
SHIFT COMMANDER
SICK LEAVE
SPECIAL DUTY
SPECIAL ORDERS
SUPERIOR OFFICER
SUPERVISORY OFFICER
TOUR OF DUTY
TRAINING BULLETIN
Terms defined. As used in this Manual, the following
terms shall have the meanings indicated:
The vacation period granted to all members annually.
The area of patrol assigned to a police officer by his supervisory
officer.
A unit immediately subordinate to a division.
The unbroken line of authority extending from the Chief of
Police through a single subordinate at each level of command down
to the level of execution of the police function, and vice versa.
Any rank of Lieutenant and above.
Those days, determined by the Chief of Police, on which a
given member is excused from duty.
The Byram Township Police Department
A temporary assignment of personnel for a specialized activity.
A police officer assigned to conduct criminal investigations
while in civilian clothing.
A functional unit having jurisdiction-wide coverage, whose
commanding officer reports directly to the Chief of Police.
Civilian employee of the Department.
Written directives issued by the Chief of Police. General
orders remain in full force and effect until amended, superseded or
canceled by the Chief of Police.
The police building that houses the headquarters staff and
the members of this Department.
Incapable of satisfactory performance of police duties.
Failure or deliberate refusal of any member or 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; disrespectful,
mutinous, insolent or abusive language directed toward a supervising
officer.
Any written or oral directive issued by a superior officer
to any subordinate or group of subordinates in the course of police
work, which directive is not in violation of any law, ordinance or
any Department rules or regulations.
A duly appointed police officer of the Department.
Information bulletins which are primarily designed to inform
and, secondarily, to direct issues at departmental and divisional
level. Such memoranda are not official orders but express the thinking
of the issuing authority on the subject under consideration.
The period of time during which an officer is excused from
duty by reason of serving the armed forces of the United States in
an active capacity, as provided by law.
Failure to give suitable attention to the performance of
duty. Examples include but are not limited to failure to take appropriate
action on the occasion of a crime, disorder or other act or condition
deserving police attention; absence without leave; failure to report
to duty at the time and place designated; unnecessary absence from
the beat during a tour of duty; failure to perform duties or comply
with provisions prescribed in the Police Manual; failure to conform
to the Department operating procedures.
The status of a member during the time he is free from the
performance of specified duties; also may be known as "rest period,"
"day off" or "annual leave."
Through the hands of the 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. Technically,
a police officer is subject to call at all times. On duty time includes
any details arranged through or sanctioned by the Chief of Police
even though compensation is provided by another source. (Example:
uniformed construction site traffic duty.)
Any written or oral directive issued by a superior officer
to any subordinate or group of subordinates in the course of police
duty.
The appointment or assignment or any other status change
of personnel within the Department accomplished by Department personnel
orders issued by the Chief of Police.
The reference guide specifying the rules and regulations
governing the conduct of personnel and the operation of the Department
as well as specifying Department policies and procedures. Department
orders will be incorporated into the Police Manual after a provisional
period of operation. This Manual is issued by the Chief of Police
and carries the weight of a general order.
The official method of dealing with any given situation prescribed
by the Chief's order or procedural guide; Department legislation consisting
of detailed directives binding members and employees of all ranks
in terms of authority, responsibility and conduct.
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 upon its size and the nature and importance of its function.
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
Department of Personnel 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.
A regular tour of duty.
A supervisory officer of a shift in the Patrol Division.
The period of time during which an officer is excused from
duty by reason of illness or injury.
Police service, the nature of which requires that the member
be excused from the performance of his regular duties,
Written directives issued by the Chief of Police. They specify
the instruction governing particular situations. Special orders are
automatically canceled when their objectives are met.
A person holding a rank higher than a Sergeant.
A member of the Department assigned to a position requiring
the exercise of immediate supervision over the activities of other
members and employees.
The number of days of work on a given shift during which
an individual member is on duty.
Bulletins published and designed to keep officers of the
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 other instruction to the contrary.
B.Â
Word usage.
(1)Â
Gender. Use of the masculine gender herein shall also
include, where applicable, the female gender.
(2)Â
Tense of words. The words used in the present tense
include the future.
(3)Â
May/should. As used herein, the words "may" and "should"
shall mean that the action indicated is permitted.
(4)Â
Shall/will. The words "shall" and "will" as used herein
shall indicate that the action is mandatory.
A.Â
Office of the Chief. The Chief of Police is responsible
for the general direction, control and supervision of the Police Department
as authorized and provided for by statute, ordinance and these rules.
B.Â
Patrol and Traffic Division. The Patrol and Traffic
Division is responsible for the performance of the following functions:
(1)Â
Preventive patrol activities.
(2)Â
The protection of life and property, preservation
of the peace, enforcement of the law and suppression of crime.
(3)Â
The investigation of police incidents and minor crimes,
and preliminary investigation of serious crimes.
(4)Â
Traffic law enforcement, traffic control and traffic
accident investigation.
(5)Â
The assignment, control and supervision of special
policemen and school crossing guards.
(6)Â
Providing maintenance programs and procedures for
vehicles, communications and other equipment
C.Â
Detective Division. The Detective Division is responsible
for the following functions:
(1)Â
The initial follow-up investigations of serious crimes,
vice crimes and fatal motor vehicle accidents and for initial investigations,
where appropriate.
(2)Â
The preparation of cases for prosecution.
(3)Â
The recovery of stolen property.
(4)Â
The performance of all identification functions.
(5)Â
The prevention and control of juvenile delinquency.
(6)Â
The processing of juvenile offenders.
(7)Â
Maintaining liaison with the juvenile courts.
D.Â
Services Division. The Services Division is responsible
for the following functions:
(1)Â
The processing, indexing and filing of all reports
and case files and for miscellaneous record services to the public
and the Department and, with advice of the Detective Division, for
forwarding reports to the appropriate prosecutor's office.
(2)Â
The receipt of all complaints, reports of crime and
requests for police services from the public and dispatching of personnel
to investigate these cases.
(3)Â
The operation of all radio and communications equipment.
(4)Â
Arranging for basic, in-service and specialized training
for Department personnel and maintaining training records.
E.Â
General. Duties and responsibilities are not limited
to those listed herein. Other duties and responsibilities may be assigned
as necessary to accomplish the objectives of the Department.
B.Â
Rank and seniority. 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 his respective
position on the eligibility list which determined the order of his
appointment to that grade.
The Police Department shall:
A.Â
Preserve the public peace, protect life and property,
prevent crime, detect and arrest offenders against the penal laws
and ordinances effective within the Township, suppress riots, mobs
and insurrections, disperse unlawful or dangerous assemblage and preserve
order at all elections and public meetings and assemblages.
B.Â
Administer and enforce laws and ordinances to regulate,
direct, control and restrict the movement of vehicular and pedestrian
traffic and the use of the streets by vehicles and persons and to
protect the safety and facilitate the convenience of motorists and
pedestrians and make and enforce rules and regulations not inconsistent
with the ordinances and resolutions of the Township for such purposes.
C.Â
Remove or cause to be removed all nuisances in the
public streets, parks and other public places of the Township, inspect
and observe all places of public amusement or assemblage and all places
of business requiring any state or municipal license or permit and
report thereon to the appropriate department.
D.Â
Provide proper police attendance and protection at
fires.
E.Â
Provide for the attendance of its members in court
as necessary for the prosecution and trial of persons charged with
crimes and offenses and cooperate fully with the law enforcement and
prosecuting authorities of federal, state and county governments.
F.Â
Operate a training program to maintain and improve
the police efficiency of the members of the Department.
A.Â
Chief of Police.
(1)Â
The Chief of Police shall be the executive head of
the Police Department and shall be responsible to the Township Manager.
In the temporary absence or disability of the Chief of Police, he
will appoint on a temporary basis the next senior and ranking member
of the Department who will act in his place, conferring on him the
title of "Acting Chief," which title shall be used only for the duration
of the temporary appointment.
(2)Â
The control and discipline of the Police Department
of the Township and of its members shall be vested in the Chief of
Police, and he shall enforce all rules and regulations and any general
and special orders or instructions not inconsistent with those of
the Township Manager which he may from time to time promulgate. Should
the Chief deem any violation by a member of the Department to be sufficiently
flagrant, he shall report it to the Township Manager with his recommendations
for the filing of charges.
(3)Â
The Chief of Police, with the assistance of the other
members of the Department detailed for the purpose, shall keep a complete
record on the work of the Department, and the Chief of Police shall
report in writing to the Township Manager for presentation to the
Township Council at its first regular meeting in each month on all
matters of importance pertaining to the Department, making such recommendations
as in his opinion will increase the efficiency of the Department.
(4)Â
The Chief of Police shall recommend to the Township
Manager from time to time the purchase of new equipment or the repair
or rearrangement of such old equipment as will increase the efficiency
of the Department. He shall have full charge and control of all the
apparatus and equipment of the Department and its assignment and use
and shall be held responsible for its care, cleanliness and safekeeping.
B.Â
Police Lieutenant.
(1)Â
The Police Lieutenant shall be the first-ranking officer
under the Chief of Police, and, in the temporary absence or disability
of the Chief of Police, he shall act in his place, during which time
he may be known as "Acting Chief," which title, however, shall be
used only for the duration of the temporary absence or disability
of the Chief of Police.
(2)Â
The Police Lieutenant shall, under the supervision
of the Chief of Police, have charge of the day-to-day operations of
the subordinate police officers and in connection therewith shall
perform specialized supervisory police duties as required, not inconsistent
with the rules and regulations or general or special orders.
C.Â
Police Sergeants.
(1)Â
Sergeants shall be second-ranking officers under the
Chief of Police. In the temporary absence or disability of the Police
Lieutenant, a Police Sergeant shall act in his place, during which
time he may be known as "Acting Lieutenant," which title, however,
shall be used only for the duration of the temporary absence or disability
of the Police Lieutenant. In the temporary absence or disability of
both the Chief of Police and the Police Lieutenant, a Sergeant shall
act as Chief of Police, during which time he may be known as "Acting
Chief," which title, however, shall be used only for the duration
or temporary absence or disability of both the Chief of Police and
the Police Lieutenant.
(2)Â
The Sergeant to act as Acting Lieutenant or Acting
Chief shall be appointed for such temporary position by the Chief
of Police.
(3)Â
The Police Sergeants shall, under the supervision
of the Police Lieutenant, coordinate the activities of the subordinate
policemen in the day-to-day operations of their duties.
Police 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, police officers are
specifically responsible for the following:
A.Â
Police mission. A police officer is responsible for
the accomplishment of the police mission on his beat. He 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.
B.Â
Reporting for duty. He shall report promptly at the
designated hour and place, in proper uniform for assignment and inspection.
He shall listen attentively to orders and instructions of his superior
officers and read such materials as are made available to him. He
shall make written memoranda of such information as necessary and
shall immediately proceed to his beat upon completion of these tasks.
C.Â
Familiarization with beat. A police officer shall
thoroughly familiarize himself with his beat. He shall be familiar
with all public businesses and offices and their entrances, exits,
skylights, fire escapes and other possible means of escape. While
making security checks of doors, he shall familiarize himself with
the locations of safes and night-lights. Changes in night-lights will
be particularly noticed.
D.Â
Method of patrol. During his tour of duty, the police
officer shall continuously patrol every part of his beat, giving attention
to and frequently rechecking locations where the crime hazard is great.
As far as possible, he shall not patrol his beat according to any
fixed route or schedule but shall alternate frequently, so that no
set pattern is established.
E.Â
Unlocked building.
(1)Â
When a door or window is found open under suspicious
or unusual circumstances on any tour of duty, a police officer shall
make a thorough investigation and determine, if possible, whether
a burglary or other crime has been committed and whether the door
or window can be secured. He shall, if necessary, summon assistance
to examine the premises and to secure such doors and windows. He shall
notify his shift commander and if possible, the property owner.
(2)Â
Under circumstances indicating that an intruder is
still inside a building, the officer discovering the same should immediately
summon assistance and then stand guard. When the assistance arrives,
he may enter and search the building.
F.Â
Field interviews. At night, when the occasion demands
it, the police 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.
G.Â
Vice suppression. A uniformed officer shall take notice
of vice activities and shall report, in writing, on the same to the
Detective Division unless there is a flagrant violation in the officer's
presence, at which time he shall take the appropriate enforcement
action.
H.Â
Traffic law enforcement. Police 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.
I.Â
Complaint action. A police officer shall carefully
investigate all complaints in or near his beat which are assigned
to him or which are brought to his attention by citizens. He shall
take suitable action in those cases which come under his jurisdiction
and inform interested parties of the laws or ordinances relative to
the particular complaint or incident. If the legal remedy of the complaint
lies outside of the jurisdiction of the Police Department, he shall
advise the complainant accordingly and refer him or her to the proper
authority.
J.Â
Radio failure. Police 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, they fail to receive an acknowledgement, they
shall immediately contact the desk officer by telephone. In case of
radio trouble the officers shall notify their shift commander and/or
dispatcher of the nature of the trouble.
A.Â
Members of the Department shall observe the following
rules of conduct:
(1)Â
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)Â
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 professional ethics.
(3)Â
Cooperation. Cooperation between the ranks and units
of the Department is essential to effective law enforcement. Therefore,
all members are strictly charged with establishing and maintaining
a high spirit of cooperation within the Department.
(4)Â
Assistance. All members are required to take appropriate
police action toward aiding a fellow peace officer exposed to danger
or in a situation where danger might be impending.
(5)Â
General responsibilities. Members shall at all times
take appropriate action to:
(6)Â
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 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 when necessary.
(7)Â
Neglect of duty. Members and employees shall not commit
any act nor shall they be guilty of any omission that constitutes
neglect of duty.
(8)Â
Performance of duty. All members and employees shall
perform their duties as required or directed by law, Department rule,
policy or order or by 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.
(9)Â
Questions regarding assignment. Members and employees
in doubt as to the nature or detail of their assignments shall seek
clarification from their supervisors by going through the chain of
command.
(10)Â
Insubordination. Members or employees shall not commit
acts of insubordination. The following specific acts are prohibited
by this section:
(11)Â
Obedience to laws and regulations. Members and employees
shall observe and obey all laws and ordinances and all rules and regulations
and orders of the Department.
(12)Â
Criticism of official acts or orders. Members and
employees shall not criticize the official actions, instructions or
orders of any Department member in a manner which is defamatory, obscene
or unlawful or which tends to impair the efficient operation of the
Department.
(13)Â
Conduct toward superior and subordinate officers and
associates. Members and 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,
officers should be referred to by rank.
(14)Â
Manner of issuing orders. Orders from superiors to
subordinates shall be in clear, understandable language, civil in
tone and issued in pursuit of Department business.
(15)Â
Unlawful orders. No command or supervisory officer
shall knowingly issue any order which is in violation of any law or
ordinance or Department rule.
(16)Â
Obedience to unlawful orders. Obedience to an unlawful
order is never a defense of an unlawful action; therefore, no member
or employee is required to obey any order which is contrary to federal
or state law, local ordinance or Department rule. The responsibility
for refusal to obey rests with the member; he shall be strictly required
to justify his action.
(17)Â
Obedience to unjust or improper orders. Members or employees who are given orders which they feel to be unjust must first obey the order to the best of their ability, and they may proceed to appeal as provided in Subsection A(19).
(18)Â
Conflicting orders. Upon receipt of an order conflicting
with any previous order or instruction, the member or employee affected
will advise the person issuing the second order of this fact. Responsibility
for countermanding the original 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.
(19)Â
Reports and appeals. Unlawful, unjust or improper
orders. A member or employee receiving an unlawful, unjust 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. Intradepartment action regarding
such an appeal shall be conducted through the office of the Chief
of Police.
(20)Â
Soliciting gifts, gratuities, fees, rewards or loans.
Members and employees shall not, under any circumstances, solicit
any gift, gratuity, loan, reward or fee where there is any connection
between the solicitation and their Department membership or employment.
(21)Â
Acceptance of gifts, gratuities, fees or loans. Members
and employees shall not accept, either directly or indirectly, any
gift, gratuity, loan or 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 or 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.
(22)Â
Rewards. Members and employees shall not accept any
gift, gratuity or reward in money or other compensation for services
rendered in the line of duty to the community or any person, business
or agency, except lawful salary and that which may be authorized by
law or by the Chief of Police.
(23)Â
Disposition of the unauthorized gifts or gratuities.
Any unauthorized gift, gratuity, loan, fee or reward or other object
coming into the possession of any member or employee shall be forwarded
to the office of the Chief of Police, together with a written report
explaining the circumstances.
(24)Â
Free admissions and passes. Members and employees
shall not solicit free admission to theaters and other places of amusement
for themselves and others except in the line of duty.
(25)Â
Intercession; soliciting. Members and employees shall
not solicit anyone to intercede with the Chief of Police, Township
Manager, 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.
(26)Â
Persons and places of bad reputation. Members and
employees shall not frequent places of bad reputation and not associate
with persons of bad reputation, except as may be required in the course
of police duty.
(27)Â
Withholding information. Members and employees shall
not at anytime withhold any information concerning criminal activity
from proper authorities.
(28)Â
Reporting violations of law, 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 the 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.
A.Â
Prohibited activity on duty. Members and employees
are prohibited from engaging in activities while on duty that would
tend to bring discredit to themselves or the Department. Among the
prohibited activities are:
B.Â
Alcoholic beverages and drugs.
(1)Â
No member or employee of the Department will appear
for or be on duty under the influence of liquor or drugs or be unfit
for duty because of their excessive use.
(2)Â
Members or employees of the Department shall not drink
any kind of intoxicating beverage while on duty or take any drugs
not duly prescribed and necessary for health at any time, unless necessary
to further a police purpose.
(3)Â
Members or employees of the Department shall refrain
from drinking intoxicating beverages for a reasonable period before
going on duty. No intoxicants shall be taken within four hours of
a regularly scheduled duty shift.
(4)Â
Intoxicating beverages may not be consumed at any
police station or any part thereof, except under the direction of
the Chief of Police or his designee.
(5)Â
No member of the Department shall at anytime when in uniform, except in the performance of duty, enter any place in which intoxicating liquor is served. [See also Subsection B(8).]
(6)Â
Members and employees shall not bring into or keep
on Department premises any intoxicating liquor or drugs, except when
necessary in the performance of a police task. Liquor or drugs brought
into Department premises in the furtherance of a police task shall
be properly identified and stored according to Department policy.
(7)Â
Members of the Department shall submit to breath analysis
or other chemical test when directed by a superior officer upon probable
cause to believe that the member has violated any provision of the
rules and regulations regarding alcohol and drugs. Failure to submit
will cause immediate disciplinary action to be taken in addition to
any such action taken as a result of formal charges. A blood alcohol
reading of 0.05% or higher shall be considered unfit for duty.
(8)Â
Members of the Department assigned by the Chief of
Police to various conferences, meetings or other official events where
social drinking of intoxicants is provided for or reasonably expected
may imbibe judiciously but not to any point of intoxication or impairment.
All such drinking will occur at the site of the event.
C.Â
Absence from duty. Every member or employee who fails
to appear for duty at the date, time and place specified without the
consent of competent authority is "absent without leave." Such absence
within the period of one day must be reported in writing to the commanding
officer. Absences without leave in excess of one day must be reported
in writing to the Chief of Police.
D.Â
Physical fitness for duty. Members shall maintain
good physical condition so that they can handle the strenuous physical
contacts often required of a law enforcement officer. Each member
shall undergo an annual physical examination with a physician, approved
by the Chief of Police. The cost of such physical shall be paid for
by the Township.
E.Â
Smoking while on duty. Members shall not smoke on
duty while in direct contact with the public nor when in uniform in
public view, except that smoking is permitted in public view at meal
times and while patrolling in police automobiles, at which times it
shall be as inconspicuous as possible.
F.Â
Relief. Members and employees are to remain at their
assignments and on duty until properly relieved by other members or
employees or until dismissed by competent authority, even though their
official tour of duty has ended.
G.Â
Suspending patrol for lunch or coffee break.
(1)Â
Members will be permitted to suspend patrol for the
purpose of having one meal during their shifts and a maximum of two
coffee breaks. However, they shall arrange to suspend patrol only
at such time as will cause the least interference with their regular
duties. Members are subject to immediate call at all times.
(2)Â
No more than one unit shall be at any one location
at the same time.
H.Â
Training. Members shall attend in-service training
in the theory and practice of law enforcement at the direction of
the Chief of Police. Such attendance is considered a duty assignment.
I.Â
Inspections. From time to time the Chief of Police
may call for full dress inspections of the Department or any part
thereof. Members directed to attend such inspections shall report
in the uniform prescribed, carrying the equipment specified. Unauthorized
absence from such an inspection is chargeable as absence without leave.
J.Â
National colors and anthem. Uniformed members will
render full military honors to the national colors and anthem at appropriate
times. Members and employees in civilian dress shall render proper
civilian honors to the national colors and anthem at appropriate times.
K.Â
Possession of keys. No member, unless authorized by
his commanding officer, shall possess keys to any premises not his
own on or near his beat.
L.Â
Address and telephone numbers. Members and employees
are required to have telephones at their places of residence. Changes
in addresses or telephone numbers shall be reported to the commanding
officer within 24 hours. This notification shall be done in writing
on the appropriate form and within the specified time, whether the
member or employee is working or on leave.
A.Â
Regulation uniforms required. All members shall maintain
regulation uniforms. Uniforms shall be kept neat, clean and well-pressed
at all times.
B.Â
Manners of dress on duty. Members will wear the duty
uniform prescribed by their commanding officer.
C.Â
Wearing or carrying badge. A member, when in uniform,
shall wear the regulation badge on the outside of the outermost garment
over the left breast and always in sight. When not in uniform or off
duty, he shall carry his badge in his pocket. Requirements to carry
a badge may be waived by a superior officer in order to further a
police purpose.
D.Â
Wearing of name badge. A member, when in uniform,
shall wear the regulation name badge on his outermost garment.
E.Â
Altering style of uniform. Uniforms shall be made
of the material and the style prescribed in Police Department orders,
and such style shall not be altered or changed in any manner whatsoever
unless authorized by the Chief of Police.
F.Â
Carrying required equipment when in uniform. While
on duty, except when assigned to office duties, members shall carry
as full uniform the following:
H.Â
Carrying equipment off duty. When off duty, each member
will carry or have immediately available to him his badge, Department
weapon, or other weapon as authorized by the Department, and identification
card. This rule shall not apply when members are engaged in sports
and activities of such a nature as to make it impractical. No member
shall carry a weapon off duty when he is impaired or under the influence
of an intoxicating substance.
I.Â
Civilian clothing; manner of dress. Male members and
employees permitted to wear civilian clothing during a tour of duty
shall wear either a business suit or sport coat and slacks. Commanding
officers may prescribe other types of clothing when necessary to meet
a particular police objective. Female members and employees permitted
to wear civilian clothing shall conform to standards normally worn
by office personnel in private business firms, unless otherwise directed.
J.Â
Equipment. All equipment must be clean and in good
working order and conform to Department specifications.
K.Â
Uniform and equipment damage claim. Any claims for
damage to clothing, equipment and eyeglasses caused by the performance
of duty shall be made in accordance with current Department directives.
L.Â
Personal appearance. Every member and employee of the Department,
while on duty, must at all times be neat and clean in person, his
clothes clean and pressed and his uniform in conformity with the rules
and regulations. He shall, as often as necessary, examine and clean
his equipment and keep it always in good serviceable condition. Male
members and employees shall conform to the following additional standards
of appearance:
[Amended 6-4-2018 by Ord.
No. 12-2018]
(1)Â
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 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)Â
All facial hair shall be evenly trimmed at all times while on duty
and shall not exceed 1/2 inch in length. There shall be no designs
cut into the facial hair.
Members and employees are responsible for the
proper care of Department property and equipment. Damaged or lost
property may subject the responsible individual to reimbursement charges
and appropriate disciplinary action. All property issued to personnel
will be logged and signed for and reverse entries made upon the proper
return of property.
A.Â
Damaged property or equipment. Members and employees
shall immediately report to their commanding officer on designated
forms any loss of or damage to Department property assigned to or
used by them. The immediate superior will be notified of any defects
or hazardous conditions existing in any Department equipment or property.
B.Â
Care of Department buildings. Members and employees
shall not mar, mark or deface any surface in any Department building.
No material shall be affixed in any way in Department buildings without
specific authorization from a commanding officer.
C.Â
Notices. Members and employees shall not mark, alter
or deface any posted notice of the Department.
D.Â
Department vehicles; use. Department vehicles shall
be used in the furtherance of police business. Unscheduled use of
Department vehicles shall be logged in-service in through the dispatcher
system.
E.Â
Operation of motor vehicles. Members and employees,
when driving vehicles of any description, private or of the Department,
shall not violate the traffic laws except only in cases of absolute
emergency and then only in conformity with the laws regarding the
same. They shall set an example for other persons in the operation
of their vehicles.
F.Â
Emergency calls and use of red light and siren. Members
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 a degree that, when crossing the same, they will have safe
control of their cars, especially when crossing street intersections
where the traffic signal lights are against them or where there are
stop signs. They shall use the red light and sound the siren on such
calls and take the utmost precaution.
G.Â
Transporting citizens. Citizens will be transported
in Department vehicles only when necessary to accomplish a police
purpose. Such transportation will be done in conformance with Department
policy or at the direction of a commanding officer, immediate supervisor
or the communications center.
H.Â
Reporting accidents. Accidents involving municipal
personnel, property and equipment must be reported in accordance with
Departmental procedures.
I.Â
Presumption of responsibility. In the event that municipal
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.
A.Â
Restrictions. Members and employees shall not use
Department letterheads for private correspondence.
B.Â
Chain of command. All written and/or verbal communications
shall follow the chain of command both upwards and downwards. Exceptions
to this rule shall be allowed wherever the chain of command cannot
be adhered to due to a problem of a serious nature or in an emergency.
C.Â
Department address, private use of. Members and employees
shall not use the Department as a mailing address for private purposes.
The Department address shall not be used for any private motor vehicle
registration or driver's license.
D.Â
Radio discipline. All members of the Department operating
the police radios shall strictly observe the regulations for such
operations as set forth in Department orders and by the Federal Communications
Commission.
A.Â
Command of scene. At the scene of any crime, accident
or other police incident, the ranking officer present shall direct
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 supervise.
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 ensure that appropriate action is being taken or
is initiated.
B.Â
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:
C.Â
Responsibility of assigned members at crime scene. 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 B and the completing 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.
D.Â
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.
E.Â
Release of information at crime scene. Unauthorized
persons, including members of the press, shall be excluded from crime
scenes. Information which will not hinder or nullify an investigation
shall be given to the press by the superior officer in charge of the
investigation, in accordance with Department policy.
F.Â
Confidential information.
(1)Â
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
commanding officer.
(2)Â
Members shall not make known to any person any Department
order which they may receive, unless so required by the nature of
the order.
(3)Â
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.
G.Â
Compromising criminal cases. Members and employees
shall not interfere with the proper administration of criminal justice.
(1)Â
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.
(2)Â
Members and employees shall not attempt to have any
traffic summons or notice to appear reduced, voided or stricken from
the calendar without the consent of the Chief of Police or Township
Prosecutor.
(3)Â
Any member or employee having knowledge of such action
and failing to inform his superior officer thereof shall be subject
to disciplinary action.
H.Â
Complaints against members. In the event that there
are any complaints filed against members of the Police Department,
such members shall immediately file a written report with the Chief
of Police.
A.Â
Use of derogatory terms. Members or employees shall:
(1)Â
Neither speak disparagingly of any race or minority
group nor refer to them in insolent or insulting terms of speech whether
prisoners or otherwise.
(2)Â
Neither use uncomplimentary terms of speech when referring
to any prisoner or other person nor willfully antagonize any person
with whom they come in contact.
B.Â
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.
C.Â
Recommending attorneys and bail 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.
D.Â
Acting as bailor prohibited. Members and employees
cannot act as bailor for any person in custody, except relatives,
and in no case where any fee, gratuity or reward is solicited or accepted.
A.Â
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.
B.Â
Handling of firearms. Police officers shall exercise
caution and the utmost care in handling firearms on and off duty.
C.Â
Official police weapon. The official police weapon
shall be an automatic pistol or revolver issued to each police officer
by the Department. The carrying of personal firearms on duty or during
emergencies is prohibited unless approved by the Chief of Police or
duty supervisor.
D.Â
Off-duty weapon. The Chief of Police may authorize
a police officer to carry an off-duty weapon other than the official
police weapon, provided that the police officer follows the steps
prescribed herewith:
(1)Â
He submits to the superior officer in charge of firearms
training, for inspection, the off-duty weapon that he intends to carry
in order to determine whether it meets the same standards set for
safety and serviceability that apply to the official police weapon
and is compatible with Department-issued ammunition.
(2)Â
He submits his authorized off-duty weapon for test
fire and inspection upon his appearance for scheduled firearms retraining.
(3)Â
He carries the authorized off-duty weapon only after
he has secured the written approval of the Chief of Police and only
during the time this approval remains in effect.
(4)Â
He observes and is bound by any part of or any section
of these rules and regulations which pertains to the official police
weapon, and he understands that these same rules and regulations also
apply to the use of any off-duty weapon which may be authorized by
the Chief of Police.
E.Â
On-duty and off-duty holsters. The official police
weapon or authorized off-duty weapon shall be carried only in Department-issued
holsters or in authorized holsters which conform to Department specifications.
F.Â
Nonregulation weapon prohibited. Police officers who
carry or employ weapons other than those that have been inspected
and approved by the firearms officer or Chief of Police shall be subject
to disciplinary action.
G.Â
Tampering with official police weapon. All repairs
and adjustments to the official police weapon shall be made by the
superior officer in charge of firearms training. Police officers shall
not use unauthorized molded grips, special-type grips or pearl-handled
grips. Also, they 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 section.
H.Â
Care of firearms off duty outside home. A police officer,
when off duty and outside his home, shall keep his Department-issued
service weapon or authorized off-duty weapon holstered and on his
person, readily available for necessary use, unless he is on sick,
injured or vacation leave. To avoid an accidental discharge, a police
officer shall not carry his weapon in his waistband or in any of his
pockets unless conditions so require.
I.Â
Care of firearms off duty at home. A police officer
shall keep his weapon in a secure place readily available in case
of emergency.
J.Â
Removing weapon from belt. When removing the weapon
from his person, a police officer shall keep the weapon holstered
and jointly remove both the weapon and holster from his belt. A police
officer shall not remove the weapon from its holster except when he
intends to clean or fire it. However, when circumstances require,
a police officer may unload his weapon before storing it in a secure
place, provided that he observes all the safe practices prescribed
and taught by the authorized Department firearms instructors for the
unloading of the weapon.
K.Â
Carrying weapon; general. Police officers shall carry
their official police weapons or authorized off-duty weapons 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. They shall also carry a minimum of six
rounds of extra ammunition. Police officers on sick, injured or vacation
leave may, but are not required to, carry a weapon. Police officers
who are suspended or whose weapons have been officially taken from
them for other reasons shall not carry a weapon under any circumstances.
L.Â
Carrying weapon on duty. Police officers in uniform
shall carry their weapons in holsters attached to their uniform belts
or to supplementary belts beneath the blouses or overcoats when these
garments are worn. Detectives and other police officers not in uniform
shall carry their weapons in authorized holsters. When in plain clothes
they shall carry their weapons securely but readily accessible to
use.
M.Â
Loss of the weapon. Loss of the police weapon through
carelessness or neglect shall be deemed a serious violation of Department
regulations.
N.Â
Ammunition issued. The initial issue and the replacement
of ammunition for Department weapons shall be made by the Department
without expense 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 duty. Only Department-issued ammunition
shall be used.
O.Â
Authorized discharge of firearms. A police officer
may not discharge his weapon except:
P.Â
Discharge of firearm; report. Reports following the
discharge of firearms shall be filed as follows:
(1)Â
It shall be the policy of the Byram Township Police
Department that any member of the force who discharges any firearm
or service weapon shall, by the quickest means of communication available,
notify the appropriate police official and promptly submit a written
report to his commanding officer:
(2)Â
This reporting requirement shall not apply to firearms
routinely discharged in the course of training or off-duty recreational
use.
(4)Â
Report includes:
(a)Â
The time.
(b)Â
The day.
(c)Â
The date.
(d)Â
The location.
(e)Â
What occurred (the incident leading up to the
discharge of firearm).
(f)Â
The reason for discharge, giving all pertinent
information.
(g)Â
If in the performance of duty, the justification
for the discharge.
(h)Â
If in another jurisdiction, the name of the
police agency in that jurisdiction.
(5)Â
Responding supervisor's investigation.
(a)Â
Submits report to his commanding officer as
soon as possible.
(b)Â
Report includes:
[1]Â
The officer(s) involved.
[2]Â
The tour of duty.
[3]Â
The time of occurrence.
[4]Â
The assignment
[5]Â
The day.
[6]Â
The date.
[7]Â
The chronological sequence of events up to the
shooting.
[8]Â
The names and addresses of subjects and/or witnesses,
with a brief summary of their statements.
[9]Â
The results of the examination of the service
firearm.
[a]Â
The number of live rounds still contained and
their positions.
[b]Â
The number of expended shells and their positions.
[c]Â
The number of shots fired, related to firing
point.
[d]Â
The serial number, manufacturer and the model
number.
[e]Â
The name of the person to whom the weapon is
issued and registered.
[10]Â
The results of the check of the surrounding
area for expended rounds, giving the location where found, if applicable
(injury or damage).
[11]Â
Conclusions: The use of the service firearm
was justifiable or unjustifiable, with the investigation officer's
observations and conclusions.
(6)Â
Reports of witnesses.
(8)Â
Notifications.
(a)Â
Communications will notify the Chief of Police
or the senior officer in charge of the force in case of injury or
death.
(b)Â
The commanding officer, or officer in charge
at the time in which the incident occurred and, if appropriate, the
unit to which the officer is attached.
(d)Â
Intelligence division (possible effect on community).
Q.Â
Use of force, including deadly force, by law enforcement
officers.
(1)Â
Introduction.
(a)Â
The primary objective of this subsection is
to express this Department's policy as a guide concerning the use
of force in law enforcement. In furtherance of this objective, this
subsection incorporates the essence of the laws and basic training
courses concerning the use of force by officers in the performance
of their duties.
(b)Â
As defined in N.J.S.A. 2C:3-11, "deadly force"
means force which the officer uses with the purpose of causing, or
which the officer knows to create a substantial risk of causing, death
or serious bodily harm. Purposely firing a firearm in the direction
of another person or at the vehicle, building or structure in which
another person is believed to be constitutes deadly force. A threat
to cause death or serious bodily harm, by the production of a weapon
or otherwise, so long as the purpose is limited to creating an apprehension
that the officer will use deadly force if necessary, does not constitute
deadly force.
(c)Â
"Nondeadly force" means physical force other
than deadly force.
(d)Â
As defined in N.J.S.A. 2C:3-11, "serious bodily
harm" means bodily harm which creates a substantial risk of death
or which causes serious, permanent disfigurement or protracted loss
or impairment of the function of any bodily member or organ or which
results from aggravated sexual assault or sexual assault.
(e)Â
As defined in N.J.S.A. 2C:3-11, "dwelling" means
any building or structure, though movable or temporary, or a portion
thereof, which is for the time being an individual's home or place
of lodging.
(2)Â
It is the policy of this Department that its officers
employ force in the performance of their duties only to the degree
and in the manner provided by law and consistent with the provisions
of the New Jersey Code of Criminal Justice.
(a)Â
Warning shots by officers performing their duties
are not authorized by the Department.
(b)Â
Comment. Officers have special legal authority
to use force and deadly force in certain situations, subject to limitations.
Notwithstanding this authorization, they are under a duty to employ
extraordinary care in the handling of firearms and other deadly weapons.
It is essential that each officer exercise sound judgment and act
reasonable under all circumstances where any force is applied. Given
the existence of the requisite conditions, an officer should resort
to deadly force only when immediately necessary and only after less
drastic alternatives have been exhausted or are believed to be ineffective
in light of the prevailing circumstances.
(3)Â
Mechanics. The specific rules and limitations that
follow govern the circumstances in which a police officer is justified
in using force (deadly or nondeadly). The unifying principles that
bind all of these rules and limitations are necessity and proportionality:
a police officer shall use force only when and to the extent necessary
and he shall use only that force which is reasonable in relation to
the harm he seeks to prevent
(a)Â
Use of nondeadly force.
[1]Â
Officers are justified in using nondeadly force
in the performance of their duties when they reasonably believe it
is immediately necessary to:
[a]Â
Protect themselves or others against the use
of unlawful force by another person;
[b]Â
Prevent another from committing suicide or inflicting
serious bodily harm upon oneself;
[c]Â
Thwart the commission of a crime involving or
threatening bodily harm, damage to or loss of property or a breach
of the peace;
[d]Â
Prevent an escape; or
[e]Â
Effect an arrest for any offense or crime under
the laws of the State of New Jersey.
[2]Â
The use of force (deadly or nondeadly) to effect
an arrest, however, is not justifiable unless:
[a]Â
Officers make known the purpose of the arrest
or reasonably believe that their identity and purpose are otherwise
known by or cannot reasonably be made known to the person to be arrested.
[b]Â
When the arrest is made under a warrant, the
warrant is valid or reasonably believed by the officer to be valid.
[c]Â
When the arrest is without a warrant, that the
arrest is lawful.
(b)Â
Use of deadly force. Officers are justified
in using deadly force in the performance of their duties only in the
following situations and subject to the following limitations consistent
with the provisions of the New Jersey Code of Criminal Justice:
[1]Â
Self defense. When officers reasonably believe
that deadly force is necessary to protect themselves against death
or serious bodily harm.
[2]Â
Comment. Officers, when justified in using force,
are not obliged to desist because resistance is encountered or threatened;
they may not only stand their ground, but may press forward to achieve
a lawful objective, overcoming force with force.
[3]Â
Defense of a third person. When officers reasonably
believe that their intervention is necessary to protect another against
death or serious bodily harm, except that deadly force is not justifiable:
[a]Â
If the officer can otherwise secure the complete
safety of the protected person (unless the person whom he is defending
is in his home, and the attacker is not a resident); or
[b]Â
Where it reasonably appears to the officer that
the person he seeks to protect has unlawfully, with the purpose of
causing death or serious bodily harm, provoked the use of deadly force
against himself in the same encounter.
[4]Â
Prevention of crime. When the officer reasonably
believes that:
[a]Â
Deadly force is necessary to prevent the following
crimes:
Crime
|
N.J.S.A.
| |
---|---|---|
Murder or manslaughter
|
2C:11-3 and
2C:11-4
| |
Kidnapping
|
2C:13-1
| |
Arson
|
2C:17-1
| |
Robbery
|
2C:15-1
| |
Sexual assault and aggravated sexual assault
|
2C:14-2
| |
Aggravated criminal sexual contact; and
|
2C:14-3a
|
[b]Â
The person whom he seeks to prevent from committing
a crime will endanger human life or inflict serious physical injury
upon another unless the commission or the consummation of the crime
is prevented; and
[c]Â
The use of deadly force presents no substantial
risk of injury to innocent persons.
Notwithstanding the provisions of N.J.S.A. 2C:3-7b(2)(c)
and 2C:3-7e, it is the policy of this Department that the use of deadly
force by officers to prevent death by auto (N.J.S.A. 2C:11-5) or criminal
sexual contact (N.J.S.A. 2C:14-3b) is not authorized.
|
[5]Â
Arrest; escape from custody.
[a]Â
When, subject to Subsections Q(2) and (3)(a)[2] above, the officer reasonably believes that: deadly force is necessary to effect an arrest of or prevent the escape of a person who has committed or has attempted to commit the following crimes:
Crime
|
N.J.S.A.
| |
---|---|---|
Murder or manslaughter
|
2C:11-3 and
2C:11-4
| |
Kidnapping
|
2C:13-1
| |
Arson
|
2C:17-1
| |
Robbery
|
2C:15-1
| |
Sexual assault and aggravated sexual assault
|
2C:14-2
| |
Aggravated criminal sexual contact; and
|
2C:14-3a
|
[b]Â
When the officer reasonably believes that the
force involved creates no substantial risk of injury to innocent persons;
and
[c]Â
When the officer reasonably believes that there
is an imminent threat of deadly force to the officer or to a third
party; or the use of deadly force is necessary to thwart the commission
of a crime as set forth in this section; or the use of deadly force
is necessary to prevent an escape or flight for arrest for a crime
as set forth in this section; and:
[i]Â
There is an imminent threat of
serious bodily injury to officers or a third person; or
[ii]Â
The person has committed a crime
involving infliction of serious bodily injury.
Notwithstanding the provisions of N.J.S.A. 2C:3-7b(2)(c)
and the foregoing, it is the policy of this Department that the use
of deadly force by officers to effect an arrest or to prevent an escape
from custody for the crimes or attempts to commit the crimes of death
by auto (N.J.S.A. 2C:11-5) or criminal sexual contact (N.J.S.A. 2C:14-3b)
is not authorized.
|
[6]Â
Escape from officer's detention. When a person
attempts to escape after arrest but prior to commitment to a jail,
prison or other institution for the detention of persons charged with
or convicted of an offense, only if officers would have been justified
in using deadly force to effect the arrest.
[7]Â
Escape from commitment. When the officer reasonably
believes that deadly force is necessary to prevent the escape of a
person committed to a jail, prison or other institution for the detention
of persons charged with or convicted of an offense, provided that
the officer believes that the force employed creates no substantial
risk of injury to innocent persons.
(c)Â
Overlapping justifications. Justifications for
the use of any force in specific situations (e.g., self defense, defense
of others, effecting an arrest, etc.) are not mutually exclusive.
There will be situations where the justifications overlap. The fact
that the use of deadly force may not be warranted under a particular
justification (e.g., to effect an arrest or to prevent an escape of
a disorderly-persons offender, etc.) does not mean that an officer
who is lawfully effecting the arrest of a disorderly-persons offender
cannot use deadly force in self defense. Similarly, an officer may
be warranted in acting under more than one justification, provided
that the requirements of both justifications are met. Thus, an officer
effecting an arrest for kidnapping may be justified in using deadly
force either to effect the arrest or in self-defense, or both.
R.Â
Firearm requalification. A police officer must be
legally skilled in the use and maintenance of the firearm he carries
for the protection of the community and himself. To ensure that all
officers are well-trained and proficient in the use and maintenance
of firearms, it is the policy of this Department that each officer
satisfy the county firearms requalification process twice annually.
An officer must successfully requalify with both his in-service and
off-duty weapon, and the record of the scores of all members of this
Department shall be systematically maintained. Those officers who
do not successfully requalify shall not be permitted to carry a firearm.
The Chief of Police shall be authorized to issue
standard operating procedures and special orders and regulations not
inconsistent with the rules and regulations as contained in this chapter,
where said orders or regulations involve daily departmental operations
and entail the special knowledge and particularized expertise possessed
by the Chief of Police.
Each member of the Police Department shall,
before entering upon the performance of his duties, take and subscribe
an oath or affirmation to bear true faith and allegiance to the government
established in this state, to support the Constitutions of the United
States of America and the State of New Jersey and to faithfully, impartially
and justly discharge and perform all duties of his office, which oath
or affirmation shall be filed with the Township Clerk.
A.Â
Each regular police officer shall hold his office
and continue employment during good behavior, efficiency and compliance
with applicable residence requirements, and no person shall be removed
from office or employment for any causes other than incapacity, misconduct,
neglect of duty, nonresidence, conduct unbecoming a police officer,
disobedience of the rules and regulations established and hereafter
established for the Department or absence from duty without just cause
for five days or more.
B.Â
A member of the Department may be suspended, removed,
fined or reduced from his office or employment for just cause only
and upon due notice and service of written charges and a hearing.
[Amended 3-6-2012 by Ord. No. 2-2012]
A.Â
Outside employment.
(1)Â
Full-time police officers shall not accept outside employment or
engage in outside business activities without the prior approval of
the Chief of Police and Township Manager. The application shall set
forth pertinent information concerning the type of activity to be
engaged in, the name and address of the prospective employer and the
hours of such employment.
(2)Â
No application for permission to accept outside employment shall
be approved if there is any reasonable probability that such outside
employment will interfere with the employee's performance or compromise
the employee's position with the Township through a conflict of interest
or if such employment exceeds 20 hours per week.
B.Â
Contracted employment.
(1)Â
Chief of Police authorized to furnish officers. The Chief of Police
is hereby authorized to furnish, in his sole discretion, off-duty
police officers to perform general safety and police services, revolving
on a voluntary basis, to service private or quasi-public functions
within the Township or a neighboring community thereof upon such party's
advanced written request on forms provided by the Department, with
the approval by the Chief of Police and upon such party's agreement
to pay the charges therefor as hereinafter set forth and as provided
in the requesting party's contract for police services with the Township.
(2)Â
Insurance coverage to be provided. The party requesting police service
shall be responsible to provide adequate insurance coverage (corporate,
homeowners, special event, etc.) to cover claims against or by the
police officer or officers assigned by the Department. The Township
coverage is to be considered secondary and supplementary to the requestor's
coverage. A police officer so employed pursuant to this subsection
shall be covered by the Township for workmen's compensation and disability
pension, if necessary, for injuries or illness arising out of such
employment.
(3)Â
Compensation for services. The party requesting the service of a
member of the Police Department within the boundaries of the Township
shall be charged and pay for such services at the nonnegotiable hourly
rate of $80 per hour plus an administrative expense rate of $10 per
hour. Parties that are supporting Byram Township paid projects, not-for-profit
organizations, or the Byram Township Board of Education shall pay
for such services at the nonnegotiable hour rate of $65 per hour plus
an administrative expense rate of $10 per hour. Parties requesting
the service of a member of the Police Department outside the boundaries
of the Township shall be charged and pay for such services at the
hourly rate of $80 per hour plus an administrative expense of $10
per hour. In the event that the requesting party's rate of pay is
lower than the rate required herein, members of the Police Department
may provide services at the lower rate of pay and the administrative
rate shall be deducted from that amount. Each member of the Police
Department rendering such services shall be compensated at said hourly
rate regardless of rank in the Department. The total charge per hour
shall be billed to the party requesting the service and shall include
a per-hour administrative expense cost of $10 per hour. The administrative
fee is assessed to cover administrative costs, employment taxes, social
security contributions, insurance costs, vehicle costs and benefit
cost. The billing should be vouchered and prepared by the Police Department
and forwarded to the requesting party. Payment is to be made directly
to the Chief Financial Officer of the Township within 10 days. Tipping
and additional gratuities are hereby prohibited. A minimum voucher
bill for two hours of police service will be charged in the event
of cancellation within 24 hours of the requested and scheduled duty.
[Amended 6-5-2017 by Ord.
No. 9-2017]
(4)Â
Disposition of funds. All moneys received by the Township Clerk shall
be placed in a special account, and such special account shall be
considered a dedication by rider to the budget pursuant to N.J.S.A.
40A:4-39 for the sole purpose stated herein. The Chief Financial Officer
is hereby authorized to transfer from said special account to the
payroll account to the members of the Police Department performing
the duty, where practical, within the payroll period following receipt
of payment from the party requesting the service.
(5)Â
Time not to be computed as regular hours. The time spent by any member
of the Police Department in said extra-duty employment for private
or quasi-public functions shall not be computed as part of his regular
employment hours or overtime, and the procedures set forth herein
pertaining to the manner and method of fixing and collecting charges,
together with the establishment of payroll procedures, including but
not limited to withholding tax, Federal Insurance Contributions Act
(FICA) and unemployment taxes, shall be subject to the rules and regulations
promulgated by the New Jersey Division of Local Government Services
by such procedures as may affect the same as established by the Internal
Revenue Service.
A.Â
Voting privilege. Members are encouraged to exercise
their voting privilege in all elections.
B.Â
Participation limitation.
(1)Â
Police officers shall not run for the office of Mayor
or Council member of the Township of Byram unless first granted a
leave of absence from the Department by the Township Manager. Police
officers shall not actively engage in political events that concern
or involve the election of an individual to the office of Mayor or
Council person of the Township of Byram.
(2)Â
Soliciting prohibited. Police officers or civilian
employees shall not solicit money or other items of value from any
person, committee or association for political purposes.
C.Â
Political discussion. Police officers or civilian
employees shall not discuss politics when the discharge of police
duty is directly or indirectly concerned.
D.Â
Duty at political meetings. Police officers on duty
in or about a place used for political meetings shall not comment
on the views expressed by the speakers.
E.Â
Election to public office. The restriction against
public expression of political views shall not apply to any police
officer of the Police Department who is elected to any public office
pursuant to N.J.S.A. 11A:6-14.
A.Â
Affiliation with certain organizations prohibited.
Police officers may not join any fire or auxiliary corps nor first-aid
unit, nor shall they affiliate themselves with any organizations whose
constitution embraces provisions which might in any way exact prior
consideration and prevent the proper and efficient functioning of
the Department, without permission from the Township Manager. 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 for or during any period of training, or pursuant to or in connection
with the operation of any system of selective service." See N.J.S.A.
38:23-4.
B.Â
Standard-bearer. Police officers shall not act as
standard-bearers of any organization.
C.Â
Affiliation with radical groups. No police officer
or civilian employee, except in the discharge of police duties, shall
knowingly associate with or have any dealing with any person or organization
which advocates or which is instrumental in fostering hatred or prejudice
or oppression against any racial or religious group.
D.Â
Subversive organizations. Police officers or civilian
employees shall not knowingly become members or otherwise become connected
with any subversive organization on the list of the United States
Attorney General's Office, except when necessary in the performance
of duty and then only under the direction of the Chief of Police.
E.Â
Association with the criminal element. Except in the
discharge of police duties, police officers shall not knowingly associate
with or have any dealings with criminals, racketeers, gamblers or
persons otherwise engaged in unlawful activities.
Except in the discharge of police duty, police
officers shall not possess any obscene materials.
A.Â
Tendering of testimonials prohibited. Police officers
shall not accept from any person, organization or group testimonials
of any kind because of their employment with the Police Department
or because of the performance of any police service, without permission
from the Township Manager.
B.Â
Testimonials for advertising prohibited. Police officers
shall not give testimonials nor permit their names or photographs
in uniform to be used for advertising purposes, without permission
from the Township Manager.
C.Â
Name for promotional enterprise. Police officers shall
not allow the use of their names at any fair, festival or exhibition
for the purpose of selling tickets or for setting up or promoting
a raffle or gift enterprise, without permission from the Township
Manager.
D.Â
Misuse of official position. Police officers shall
not use their official position to solicit special privileges for
themselves or others.
A.Â
Expert testimony. Police officers of the Department
shall not give expert testimony against the interests of the Township
in any litigation to which the Township is a party.
B.Â
Legal action against the Township. Police officers
legally subpoenaed to testify in an action against the interests of
the Township shall notify their commanding officers forthwith relating
their status in the case.
C.Â
Expert testimony in criminal cases. Police officers
shall not give expert testimony for defendants in criminal cases without
permission from the Chief of Police.
D.Â
Subpoena by defense in criminal case or as witness
in civil case. Police officers who are subpoenaed as witnesses for
the defense in criminal cases, or as witnesses in civil cases in which
the Township is a defendant, shall so advise their commanding officers
immediately. Commanding officers shall then notify the Prosecutor's
Office and Township Attorney by way of official channels through the
Chief of Police.
E.Â
Subpoenaed during tour of duty. When subpoenaed or
summoned to appear in any proceeding during his working tour of duty,
a police officer shall immediately notify his command in writing so
that his commanding officer may take appropriate action to cover his
detail, assignment or other responsibility.
F.Â
Subpoena and summons. Whenever Department members
are summoned or subpoenaed to appear before a legally constituted
investigative body with subpoena powers; a judicial tribunal with
subpoena powers or comparable agency or a legally constituted hearing
board for the purpose of inquiring into the activities or operations
of individual police officers or of the Department itself, the members
shall appear before, cooperate with and render every aid and assistance
to such body, tribunal or agency and, prior to such appearance, notify
their commanding officer submitting a duplicate report, the original
of which shall be forwarded through channels to the office of the
Township Manager.
G.Â
Request to appear. The law requires police officers
to appear in response to a summons or subpoena. A request to appear
before a legally constituted governmental body, whether the requesting
agency has subpoena power or not, shall be complied with, provided
that the police officer first obtains permission from the Chief of
Police. He then shall proceed to give testimony in accord with the
rules and regulations guiding his conduct in giving such testimony.
H.Â
Request to appear on short notice. When a police officer
receives a request on short notice and there is insufficient time
for him to submit a report, then he shall notify his commanding officer
immediately by whatever means possible.
I.Â
Application for warrant for assault on police officers.
A police officer may not apply for a warrant for any assault upon
himself without first reporting the case through his commanding officer
to the Chief of Police. In no such case shall the aggrieved police
officer be permitted to serve such warrant.
J.Â
Police action in civil matters. Police officers shall
not become personally involved in the civil matters of other persons
or in the actions and disputes of other persons, unless so as to prevent
a breach of the peace. Police officers shall not attempt to adjudicate
civil disputes or to give legal advice in civil matters except as
required by law.
K.Â
Breach of the peace. Police officers shall act to
prevent breach of the peace or disturbance which may grow or has grown
out of a civil dispute.
L.Â
Service of civil process. Police officers shall not
serve civil process, other than that initiated by the Township.
M.Â
Civil action for compensation. Police officers planning
to institute civil action for compensation arising out of damages,
or out of injuries sustained while engaged in police duty prior to
initiating proceedings, shall submit a formal report to the Chief
of Police with the complete facts concerning the incident, a copy
of which will be forwarded to the Township Attorney.
N.Â
Personal injury or property damage compensation. Police
officers shall not accept or agree to accept anything as payment for
personal injury or property damage incurred in the line of duty without
first notifying the Chief of Police.
A.Â
Disciplinary action. Department members, regardless
of rank, shall be subject to disciplinary action, according to the
nature or aggravation of the offense, for violating their oath and
trust by committing an offense punishable under the laws or statutes
of the United States, the State of New Jersey or municipal ordinances;
or for failure, either willfully or through negligence or incompetence,
to perform the duties of their rank or assignment; or for misconduct
in office; or for violation of any general order or rule 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.Â
Establishing elements of violation. Existence of facts
establishing a violation of the 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 charging
or disciplining members or employees merely because the alleged conduct
or omission that supports the charge or disciplinary action does not
appear herein, in Department order or in laws and ordinances within
the cognizance of the Department.
The following penalties may be assessed against
any member or employee of the Department as disciplinary action:
A.Â
Except as otherwise provided in the Department of
Personnel Law and N.J.S.A. 40A:14-147 to 40A:14-151 inclusive and
municipal ordinances, the Department disciplinary authority and responsibility
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.
C.Â
Emergency suspension. A member shall not be suspended
or suffer any loss in benefits until after the member has had a departmental
hearing and has been found guilty, except in cases of a severe nature
when the Chief of Police deems the 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 Township Manager.
D.Â
Emergency interdivisional disciplinary action. When
the improper conduct of a member or employee of one unit is of such
a nature that immediate or emergency disciplinary action is required
of a command or supervisory officer of another unit, such action may
be taken at once within the following limitations:
E.Â
Interdivisional oral reprimand. When the command or
supervisory officer of one unit orally reprimands a member or employee
of another unit, he shall notify the supervisor of the member so disciplined
as soon as possible. He shall also submit a written report of this
action and reason therefor to his commanding officer and also to the
commanding officer of the member or employee.
F.Â
Follow-up 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 9:00 a.m. unless otherwise
directed by competent authority. The command or supervisory officer
imposing the suspension shall also report to the Chief of Police at
the same time.
G.Â
Reports of disciplinary action taken or recommended.
Whenever disciplinary action is taken or recommended (except for oral
reprimand), a written report must be submitted immediately, in triplicate,
containing the following information:
(1)Â
The name, rank, badge number and present assignment
of the person being disciplined.
(2)Â
The date and time of the misconduct and location.
(3)Â
The section number of the violated rule and common
name of the infraction.
(4)Â
A complete statement of facts of this misconduct.
(5)Â
The punishment imposed or recommended.
(6)Â
The written signature, badge number and rank of the
preparing officer and his position in relation to the member being
disciplined.
H.Â
Distribution of reports of disciplinary action. Reports
shall be distributed as follows by the officer imposing or recommending
the disciplinary action:
I.Â
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 withdraw 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.
J.Â
Informing the person being disciplined. The member
or employee being disciplined shall be informed of the charges, in
writing, as provided by N.J.S.A. 40A:14-147. The Department also shall
inform the Department of Personnel of the charges against the member
or employee, in writing.
K.Â
Appeals from penalties. Appeals from penalties imposed
as disciplinary measures may be taken as provided in the Department
of Personnel Law, and N.J.S.A. 40A:14-147 to 40A:14-151 inclusive
and this chapter.
L.Â
Misconduct observed by police personnel. Whenever
any command or supervisory officer observes or is informed of the
misconduct to 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.
A.Â
Citizens' complaints against member or employees.
A citizen who has a complaint expects action. All complaints shall
be accepted in a courteous understanding and professional manner.
The following is a guide that will assure the exchange of pertinent
information:
(1)Â
In-person contacts.
(a)Â
If a citizen contacts the Police Department
to make a complaint, the duty officer will provide the citizen with
a citizen's complaint form (P.D. No. 000.) The duty officer will then
explain the method for completing the form after providing the complainant
with a black ink pen so that the form can later be photocopied with
clarity.
(b)Â
Following the completion of the complaint form
by the citizen, the duty officer shall prepare a cover report for
his commanding officer, detailing the time and date the citizen contacted
the Police Department and the subject employee's place of assignment
and his/her immediate supervisor, if information is available.
(c)Â
In the event that the complaint is of a serious
nature, and the complainant fails to come forth, sufficient details
shall be taken over the telephone by the duty officer to initiate
a miscellaneous report to his commanding officer.
(2)Â
Note. The seriousness of the complaint shall be determined
by the duty officer in accordance with the following guidelines: Most
on-duty incidents involving force, harassment, unprofessional conduct,
etc., and most off-duty incidents involving neighborhood disputes,
marital problems, etc., will be handled by the duty officer by forwarding
a miscellaneous report to his commanding officer. On-duty incidents
involving gross excessive force resulting in serious injury, acts
of willful perjury, criminal acts, etc., and off-duty incidents of
a criminal nature such as wife beating, child molesting, theft, etc.,
will be handled with the duty officer notifying his commanding officer
in writing. In his absence, the tour commander will be notified. Additionally,
the duty officer will write all complaints received from other governmental
agencies, public officials, judges, etc. In any case, when a citizen
indicates that he or she is physically unable or lacks the minimum
writing skill to complete the citizen's complaint form and/or sign
it, or should he or she wish to remain anonymous, the duty officer
contacted shall note such refusal or anonymity on a miscellaneous
report and submit it to his commanding officer. Citizens who are unable
to speak and/or write in the English language should be encouraged
to submit the complaint form in their native language. The duty officer
shall designate on the form the language in question.
B.Â
The complaints will be issued a sequential four-digit
number, preceded by the year, i.e., 88-0001, which shall be recorded
in a bound, sequentially numbered book maintained by the bureau commander.
C.Â
Pursuants. Complaints forwarded to this Department
from the Prosecutor's Office, Federal Bureau of Investigation, State
and Federal Attorney General's Offices, Sheriff's Office, etc., will
be investigated immediately by a commander or his designee by order
of the Chief of Police. When the information is received by a commander,
a memo will be sent to the Chief informing him of the initiation of
the investigation. The investigator shall pursue the investigation
as rapidly as possible.
D.Â
Investigative procedures. Investigations will be conducted
pursuant to and in accordance with present Department directives.
A.Â
Interpretation.
(1)Â
The offenses herein shall guide the Chief of Police
in administering fair and uniform penalties for violations of Police
Department rules of conduct.
(2)Â
Penalties for offenses listed shall in no way limit
any penalty which the Chief of Police may impose.
(3)Â
Offenses not included in the following list shall
result in penalties similar to those specified for similar offenses
of comparable seriousness.
(4)Â
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.
B.Â
Suspension, fine and demotion for disciplinary purposes.
An appointing authority may suspend without pay, or with reduced pay,
fine or demote an employee due to inefficiency, incompetency, misconduct,
negligence, insubordination or for other sufficient causes.
C.Â
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:
(1)Â
Neglect of duty.
(2)Â
Incompetency or inefficiency.
(3)Â
Incapacity due to mental or physical disability.
(4)Â
Insubordination or serious breach of discipline.
(5)Â
Intoxication while on duty.
(6)Â
Chronic or excessive absenteeism.
(7)Â
Disorderly or immoral conduct.
(8)Â
Willful violation of any of the provisions of the
Department of Personnel Service statutes, rules or regulations or
other statutes relative to the employment of public employees.
(9)Â
The conviction of any criminal act or offense.
(10)Â
Negligence of or willful damage to public property
or waste of public supplies.
(11)Â
Conduct unbecoming an employee in the public service.
(12)Â
The use or attempt to use one's authority or official
influence to control or modify the political action of any person.
D.Â
Other offenses.
Rule
|
Charge
|
1st Offense
|
2nd Offense
|
3rd Offense
| |
---|---|---|---|---|---|
D(1)
|
Accepting bribes or gratuities for
permitting illegal acts
|
Dismissal
| |||
D(2)
|
Failure to report, in writing, offers
of bribes or gratuities to permit illegal acts
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Reprimand to dismissal
| |
D(3)
|
Involved in a crime of moral turpitude
that negatively affects the operation of the Department
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Reprimand to dismissal
| |
D(4)
|
Knowingly and willfully making a false
entry in any Departmental report or record
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Reprimand to dismissal
| |
D(5)
|
Idle conversation with known illegal
gamblers while on or off duty
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(6)
|
Association with known illegal gamblers
while on or off duty
|
Reprimand to 10 days
|
Reprimand to 30 days
|
Reprimand to dismissal
| |
D(7)
|
Associating, fraternizing or business
transactions at anytime, or in any manner whatsoever, with known criminals
or persons engaged in unlawful activities
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Reprimand to dismissal
| |
D(8)
|
Participating in illegal games of
chance or illegal gambling while on duty
|
Reprimand to 10 days
|
Reprimand to 30 days
|
Dismissal
| |
D(9)
|
Fighting or quarreling with members
of the Department as prescribed in this chapter
|
Reprimand to 30 days
|
Reprimand to dismissal
| ||
D(10)
|
Soliciting for attorneys, bondsmen
or other business persons or firms
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Reprimand to dismissal
| |
D(11)
|
Using rude or insulting language or
conduct offensive to the public or a member of the governing body
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(12)
|
Publicly criticizing the official
action of a superior officer
|
Reprimand to 4 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(13)
|
Odor of alcoholic beverage on breath
while on duty
|
Reprimand to 9 days
|
Reprimand to 20 days
|
Reprimand to 30 days
| |
D(14)
|
Failure to recognize and satisfy any
just debts which negatively affect the Department
|
Reprimand to 4 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(15)
|
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 Police Department
|
Dismissal
|
Dismissal
|
Dismissal
| |
D(16)
|
Conduct subversive of good order and
the discipline of the Department
|
Reprimand to 10 days
|
Reprimand to 30 days
|
Dismissal
| |
D(17)
|
Intoxication on duty
|
Reprimand
|
Dismissal to dismissal
| ||
D(18)
|
Intoxication off duty, in uniform
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Dismissal (2 years)
| |
D(19)
|
Intoxication off duty, not in uniform,
which negatively affects the Department
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 30 days
| |
D(20)
|
Intoxication off duty, in part of
uniform
|
Reprimand to 10 days
|
Reprimand to 20 days
|
Reprimand to 30 days
| |
D(21)
|
Intoxication off duty, not in uniform
and arrested
|
Reprimand to 20 days
|
Reprimand to dismissal
|
Dismissal
| |
D(22)
|
Refuse to obey proper orders from
a superior
|
Reprimand to 15 days
|
Reprimand to dismissal
|
Dismissal
| |
D(23)
|
Using profane or insulting language
to a superior officer
|
Reprimand to 10 days
|
Reprimand to 30 days
|
Reprimand to dismissal
| |
D(24)
|
Failure to take police action when
necessary, at anytime, in or out of uniform, and/or failure to make
a written report of the same to commanding officer
|
Reprimand to 10 days
|
Reprimand to 20 days
|
Reprimand to 30 days
| |
D(25)
|
Asleep on duty
|
Reprimand to 10 days
|
Reprimand to 20 days
|
Reprimand to 30 days
| |
D(26)
|
Absence without leave for fewer than
5 consecutive working days
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Dismissal
| |
D(27)
|
Failure to properly supervise subordinates:
or to prefer disciplinary charges; or to take other appropriate disciplinary
action
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Reprimand to dismissal
| |
D(28)
|
Failure to comply with the Chief's
orders, directives, regulations, etc. oral and written, and also those
of superiors and supervisors
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Reprimand to dismissal
| |
D(29)
|
Failure to conduct proper, thorough
and complete investigations
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(30)
|
Failure to report as a witness when
duly notified or subpoenaed
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(31)
|
Allowing a prisoner to escape through
carelessness or neglect
|
Reprimand to 30 days
|
Reprimand to dismissal
|
Dismissal
| |
D(32)
|
Failure to thoroughly search for,
collect, preserve and identify evidence or persons' property and locations
in any arrest or investigation
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Reprimand to dismissal
| |
D(33)
|
Failure to remove key from patrol
car when unattended
|
Reprimand to 4 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(34)
|
If stolen due to above
|
Reprimand to 20 days
|
Reprimand to 30 days
|
Reprimand to dismissal
| |
D(35)
|
Failure to properly care for assigned
eQuipment and vehicles, damaging the same due to neglect
|
Reprimand to 30 days
|
Reprimand to 60 days
|
Reprimand to 90 days
| |
D(36)
|
Failure to take appropriate action
concerning illegal activity, including vice conditions, and/or to
make a written report of the same to commanding officer
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Reprimand to dismissal
| |
D(37)
|
Neglect of duty
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Reprimand to dismissal
| |
D(38)
|
Soliciting money or other valuable
things without proper authorization
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Reprimand to dismissal
| |
D(39)
|
Instituting civil action arising from
police duty, without notifying the Chief of Police
|
Reprimand to 4 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(40)
|
Giving a verbal or written report
of any incident without approval of the commanding officer
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(41)
|
Being found in any alcoholic beverage
licensed establishment in full uniform, while not in performance of
police duty
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 30 days
| |
D(42)
|
Possession of alcoholic beverages
on the person in a police vehicle or on any police property, not duty-required
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 30 days
| |
D(43)
|
Failure to be home without legitimate
reason after reporting sick
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 30 days
| |
D(44)
|
Failure to obtain any required medical
treatment or certificate while on sick leave
|
Reprimand to 5 days
|
Reprimand to 15 days
|
Reprimand to 30 days
| |
D(45)
|
Failure to follow Department procedures
for the handling of evidence, personal effects and all other property
taken into custody
|
Reprimand to 30 days
|
Reprimand to 60 days
|
Reprimand to dismissal
| |
D(46)
|
Improper use, handling or display
of firearms
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Reprimand to dismissal
| |
D(47)
|
Failure to submit a properly written,
required report within a reasonable prescribed period of time as per
regulations
|
Reprimand to 10 days
|
Reprimand to 20 days
|
Reprimand to 30 days
| |
D(48)
|
Having or operating a private auto
on beat or on duty or driving to or from beat or post without authorization
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(49)
|
Failure to carry badge, firearm and
other required equipment when on duty
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(50)
|
Unexcused tardiness
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(51)
|
Changing residence or telephone number
without giving prompt and proper notification
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(52)
|
Unauthorized persons in radio car
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(53)
|
Untidy appearance and dress while
in uniform
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(54)
|
Not in full prescribed uniform
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(55)
|
Failure to salute, when in uniform,
the Chief of Police or a uniformed superior officer
|
Reprimand to 5 days
|
Reprimand to 5 days
|
Reprimand to 5 days
| |
D(56)
|
Communicating or imparting confidential
police information either in writing or verbally to unauthorized persons
|
Reprimand to dismissal
|
Dismissal
| ||
D(57)
|
Failure to give prescribed identification
when answering the telephone
|
Reprimand to 4 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(58)
|
Refusal to give name and badge number
when properly requested
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(59)
|
Reading newspaper, books or periodicals
while in view of public where it would represent an affront to the
same
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(60)
|
No one shall, prior to written approval
of the Chief of Police or his representative designated for that purpose,
appear, to give testimony as a character witness for any defendant
in a criminal trial or inquiry
|
Reprimand to 15 days
|
Reprimand to 30 days
|
Dismissal
| |
D(61)
|
Willfully damaging Police Department
property and/or equipment
|
Reprimand to dismissal
|
Dismissal
| ||
D(62)
|
Interference with police radio broadcasting
and tampering with police radio
|
Reprimand to dismissal
|
Dismissal
| ||
D(63)
|
Removing official documents from the
Department without permission
|
Reprimand to dismissal
|
Dismissal
| ||
D(64)
|
Unauthorized press releases and statements
|
Reprimand to 5 days
|
Reprimand to 10 days
|
Reprimand to 20 days
| |
D(65)
|
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
|
Reprimand to 30 days
|
Reprimand to 60 days
|
Reprimand to dismissal
| |
D(66)
|
Failure to properly patrol post or
zone; unauthorized absence from assignment; failure to respond to
radio calls; idle conversation or loafing
|
Reprimand to 30 days
|
Reprimand to 60 days
|
Reprimand to dismissal
| |
D(67)
|
Failure to possess and maintain a
current and valid New Jersey State vehicle operator's license
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Reprimand to dismissal
|
Whenever an internal investigation establishes
probable cause that a member is guilty of violating a departmental
rule or regulation, the penalty for which is to be permanently reflected
on the member's personnel record, a preliminary notice of disciplinary
action form shall be prepared by the proper authority and personally
served upon the respective member.
A.Â
The preliminary notice of disciplinary action form
shall contain:
(1)Â
The bureau and department instituting the action.
(2)Â
The name, address and title of the member against
whom the action is being instituted.
(3)Â
The charges (rules and regulations) allegedly violated.
(4)Â
Specification of the alleged facts upon which the
charges are based.
(5)Â
Notification as to whether the member is suspended
pending the determination of the hearing.
(6)Â
The time, date and place at which the hearing is scheduled
to be held.
(7)Â
The penalties to which the member is being exposed
as a result of the alleged charges.
(8)Â
The signature of the respective bureau commander and
his official title.
B.Â
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 or reasonable requests for postponements by
said member.
C.Â
The term "personal service" means actual service upon
the member as well as actual service upon any member of the member's
family over 18 years of age residing in the residence of said member.
D.Â
Disciplinary hearings shall be public in nature; however,
within the bounds of reasonableness and good order.
E.Â
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.
F.Â
The Chief of Police may prosecute the complaint himself
or delegate the duty to any member of the Department.
G.Â
In order that all parties may be afforded a fair and
equal opportunity to be heard and that the Chief of Police may be
completely informed in the matter and able 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.
H.Â
The hearing officer may, at his 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.
I.Â
The hearing officer shall admit all testimony having
reasonable, probative value, but shall exclude immaterial, irrelevant
or unduly cumulative testimony.
J.Â
He 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.
K.Â
The member is presumed innocent, and the burden of
proof is upon the commander or superior 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 respective hearing
officer, be recorded by:
L.Â
After considering all the evidence in support and
in defense of the particular charge of misconduct, the hearing officer
shall consider the same and render his verdict as soon as practical
thereafter.
M.Â
Although the verdict may be verbal at the time of
the hearing, the determination must be reflected upon a final notice
of disciplinary action which must be personally served upon the respective
member as soon as practical after the termination of said disciplinary
hearing.
N.Â
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, as provided in § 48-36, has elapsed.
A.Â
Appeal to the Department of Personnel.
(1)Â
Any member who should be suspended, fined or demoted
more than three times in any one year or more than five days at any
one time, or its monetary equivalent, or for a period of more than
15 days in the aggregate in any one calendar year shall have a right
of appeal to the Department of Personnel.
(2)Â
The Department of Personnel shall have the power to
revoke or modify the action of the appointing authority, except that
removal from service shall not be substituted for a lesser penalty.
(3)Â
A petition or request to the Department of Personnel
for a hearing or other relief must be received by the Department of
Personnel within 20 days after the date of receipt of the notice by
the petitioner and must be in the form and manner prescribed by the
Department of Personnel through Title 4, New Jersey Administrative
Code, Department of the Department of Personnel.
A.Â
Each member is entitled to a hearing before the Chief
of Police or his designee for any charge which shall become a permanent
record in the member's personnel file.
B.Â
Other than the official findings and attendant penalties,
every internal investigation and subsequent departmental hearing shall
be considered privileged and confidential information, and the same
shall not be made public and/or released to any nongovernmental agency.
C.Â
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.
D.Â
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 bear on one's
fitness for continued employment.
E.Â
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 the same must not violate the basic concepts and substantive due
process of law.
F.Â
All questions and investigative efforts must be limited
to the investigations 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.
G.Â
Although the 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.
H.Â
Exclusive of normal reporting duties incidental to
the performance of official duties, no members shall be expected to
answer questions or submit to other forms of investigative efforts
until he is advised of the following;
(1)Â
Whether he is being questioned or required to submit
to investigative efforts as a suspect or witness.
(2)Â
The identity of his interrogator as well as the identity
of all persons present at the time of the interrogation.
(3)Â
The nature of the investigation and facts sufficient
to apprise the member of the existing allegations.
I.Â
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.
J.Â
Under circumstances where the alleged violation of
Department rules and regulations involves 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. However, he must respond
with respect to the administrative subject matter of the inquiry.
K.Â
All evidence obtained as a result thereof accordingly
could not be used in a subsequent criminal prosecution, but would
be admissible during a departmental disciplinary hearing.
L.Â
No question or other investigative effort shall be
initiated arbitrarily for personal or other reasons that are unrelated
to the maintenance of departmental efficiency or integrity.
M.Â
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:
N.Â
No suspension without pay (in excess of six months)
shall be imposed as a disciplinary penalty.
O.Â
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 known, to the Department
of Police.
P.Â
Although a member is not entitled to legal counsel
or organizational representation during the investigative stages of
an internal investigation, every member has a right to legal counsel
and/or organizational representation during a disciplinary hearing
before a hearing officer.
Q.Â
At no time during an internal investigation shall
any member be subjected to offensive language, nor shall he be threatened
with transfer, dismissal or other disciplinary punishment. No promise
or reward shall be made as an inducement to answering questions. Nothing
herein shall be construed to prohibit the investigating officer from
informing the member that his conduct can become the subject of disciplinary
action resulting in disciplinary punishment.
R.Â
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.
S.Â
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.
T.Â
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
a time as the judicial determination duly rendered pursuant to a departmental
hearing necessitates a discontinuance of the 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.
U.Â
Notwithstanding any of the above-mentioned general
policies, 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 the suspension from duty pending a departmental
hearing. In such a case, the member may continue on salary, at the
discretion of the appointing authority as per the provisions of Chapter
270, Laws of New Jersey 1973, specifically dealing with such situations.[1]
[1]
Editor's Note: See N.J.S.A. 40A:14-149.1 et
seq.