The members of the Police Department shall severally hold their respective offices and employment and continue in such during good behavior, efficiency and compliance with the requirements established by this Part 1 and law.
[Amended 6-5-1980 by Ord. No. 6-80; 4-6-1989 by Ord. No. 3-89; 11-30-1989 by Ord. No. 13-89]
A. 
Except as otherwise provided by law, no permanent member or officer of the Police Department or force shall be removed from his office, employment or position for political reasons or for any cause other than incapacity, misconduct or disobedience of rules and regulations established for the government of the Police Department and force, nor shall such member or officer be suspended, removed, fined or reduced in rank from or in office, employment or position therein, except for just cause as herein before provided and then only upon a written complaint setting forth the charge or charges against such member or officer. Said complaint shall be filed in the office of the Township Committee and a copy shall be served upon the member or officer so charged, with notice of a designated hearing thereon by the Township Committee or its designee, which shall not be less than 10 nor more than 30 days from the date of service of the complaint.
B. 
A complaint charging a violation of the internal rules and regulations of the West Amwell Township Police Department shall be filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. The forty-five-day time limit shall not apply if an investigation of a member of the Police Department for a violation of the rules and regulations of said Department is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this state. The forty-five-day limit shall begin on the day after the disposition of the criminal investigation. The forty-five-day requirement of this subsection for the filing of a complaint against an officer shall not apply to a filing of a complaint by a private individual.
C. 
A failure to comply with said provisions as to service of the complaint and the time within which the complaint is to be filed shall require dismissal of the complaint.
[Amended 6-5-1980 by Ord. No. 6-80]
Whenever any member or officer of the Township Police Department is charged under the law of this state, another state or the United States with an offense, said police officer may be suspended from performing his duties, with pay, until the case against said officer is disposed of at trial, until the complaint is dismissed or until the prosecution is terminated; provided, however, that if a Grand Jury returns an indictment against said officer or said officer is charged with an offense which is a high misdemeanor or which involves moral turpitude or dishonesty, said officer may be suspended from his duties, without pay, until the case against him is disposed of at trial, until the complaint is dismissed or until the prosecution is terminated. If a suspended police officer is found guilty at trial, the charges are dismissed or the prosecution is terminated, said officer shall be reinstated in his position and shall be entitled to recover all pay withheld during the period of suspension, subject to any disciplinary proceedings or administrative action. If any municipal police officer is suspended with pay and is found guilty of the charges brought against him, said police officer shall reimburse the Township for all pay received by him during the period of his suspension.
[Amended 6-5-1980 by Ord. No. 6-80]
It is intended by this Part 1 to give any person against whom a charge or charges may be preferred for any cause under this article a fair trial upon said charge or charges and every reasonable opportunity to make his defense, if any, he has or chooses to make. Failure on the part of the Township Police Department or Township Committee to comply with any provision in this article will result in such charge or charges being dismissed.
[Amended 11-30-1989 by Ord. No. 13-89]
The Township Committee or its designee shall have the power to hear and determine the charge or charges made against a member or officer of the Police Department and shall have the power to subpoena witnesses and documenting evidence. The Superior Court shall have jurisdiction to enforce any such subpoena.
Any member of the Police Department who has been convicted of any violation of any of the rules or regulations of such Department by the governing body may appeal such conviction in the manner provided by law.
Whenever a member or officer of the Police Department is a defendant in any action or legal proceeding arising out of or incidental to the performance of his duties, the Township Committee shall provide said member or officer with necessary means for the defense of such action or proceeding, but not for his defense in a disciplinary proceeding instituted against him by the Township or in a criminal proceeding instituted as a result of a complaint on behalf of the Township. If any such disciplinary or criminal proceeding instituted by or on behalf of the Township shall be dismissed or finally determined in favor of the member or officer, he shall be reimbursed for the expense of his defense.