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.