Township of West Amwell, NJ Article XII Standards of Conduct

§ 38-38 Miscellaneous provisions.

A. Standards of conduct. Members and employees shall conduct their private and professional lives in such a manner as to avoid bringing the Department disrepute or interfering with the efficient operation of the Department.

B. Cooperation. Cooperation between the members 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 and appropriate authority.

C. 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 within the State of New Jersey.

D. General responsibilities. Members shall at all times take appropriate action to:

(1) Protect life and property.

(2) Preserve the peace.

(3) Prevent crime.

(4) Detect and arrest violators of the law.

(5) Enforce all federal, state and local laws and ordinances coming within Department jurisdiction.

(6) Safely and expeditiously regulate traffic.

(7) Aid citizens in matters within police jurisdiction.

E. Duty activities. Although certain hours are assigned for the performance of regular duty tours, officers are considered to be on duty at all times and must act promptly any time their services are required by the Department. Officers shall not engage in off-duty activities or work which may conflict or interfere with the satisfactory performance of assigned police duties.

F. Neglect of duty. Officers may be charged with neglect of duty for any act or omission in violation of law, police orders, procedures or rules and regulations. Neglected duty includes, but is not limited to, leaving the jurisdiction of the Township of West Amwell without authority for nonpolice activities.

G. 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. Competent authority shall include the appropriate authority.

H. Questions regarding assignments. Members and employees in doubt as to the nature or detail of their assignment shall seek clarification from their superiors by going through the chain of command.

I. Insubordination. Members and employees shall not commit acts of insubordination. The following specific acts are prohibited by this section:

(1) Failure or deliberate refusal to obey a lawful order given or direction issued by a superior officer or appropriate authority.

(2) Any disrespectful, insolent or abusive language or action toward a superior officer or appropriate authority.

J. 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.

K. Obedience to laws and regulations. Members and employees shall observe and obey all laws and ordinances, all rules and regulations and orders of the Department or appropriate authority, as the case may be.

L. Orders.

(1) Criticism of official acts or orders. Members and employees shall not criticize actions, instructions or orders of any Department members or appropriate authority in a manner which is defamatory, obscene, unlawful or which tends to impair the efficient operation of the Department.

(2) Manner of issuing orders. Orders from superior to subordinate shall be in clear, understandable language, civil in tone and issued in pursuit of Department business.

(3) Unlawful orders. No command or supervisory officer shall knowingly issue any order which is in violation of any law or ordinances or Department rule.

(4) 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 or local ordinance. Responsibility for refusal to obey rests with the member. He shall be strictly required to justify his action.

(5) Obedience to unjust or improper orders. Members or employees who are given orders which they feel to be unjust or contrary to rules and regulations must first obey the order to the best of their ability, and they may proceed to appeal as provided.

(6) 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 of 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.

(7) 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 Township Committee. 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.

[Amended 12-19-1990 by Ord. No. 17-90]

M. Soliciting gifts, gratuities, fees, rewards and 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.

N. Acceptance of gifts, gratuities, fees and loans. Members and employees shall not accept either directly or indirectly any gift, gratuity, loan, 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, fee or other object of value, the acceptance of which might tend to influence the actions of said member or employees or any other members or employees in any matter of police business, or which might tend to cast an adverse reflection on the Department or any member or employee thereof. No member or employee of the Department shall receive any gift or gratuity from other members or employees junior in rank without the express permission of the Township Committee.

[Amended 12-19-1990 by Ord. No. 17-90[1]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

O. Other transactions. Members and employees are prohibited from buying or selling anything of value from or to any complainant, suspect, witness, defendant, prisoner or other person involved in any case which has come to their attention or which arose out of their Department employment except as may be specifically authorized by the Township Committee.

[Amended 12-19-1990 by Ord. No. 17-90]

P. Rewards.

(1) 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.

(2) Disposition of unauthorized gifts, gratuities. Any unauthorized gift, gratuity, loan, fee, reward or other object coming into the possession of any member or employee shall be forwarded to the Township Committee, together with a written report explaining the circumstances.

[Amended 12-19-1990 by Ord. No. 17-90]

Q. Free admission and passes. Members and employees shall not solicit or accept free admission to theaters and other places of amusement for themselves and others except in the line of duty.

R. Debt obligation.

(1) Members and employees shall promptly pay all their just debts and meet all their legal liabilities.

(2) No member or employee shall borrow any money from or otherwise become indebted to any other member or employee.

S. Intercession prohibited. Members and employees shall not solicit anyone to intercede with the Township Committee in relation to promotion, assignments, disposition of pending charges or findings in a departmental trial or other related matters.

[Amended 12-19-1990 by Ord. No. 17-90]

T. Persons and places of bad reputation. Members and employees shall not knowingly frequent places of bad reputation, nor associate with persons of bad reputation, except as may be required in the course of police duty.

U. Withholding information. Members and employees shall not, at any time, withhold any information concerning criminal activity.

V. Reporting violations of laws, ordinances, rules or orders. Members and employees knowing of other members and employees violating laws, ordinances or rules of the Department or disobeying orders shall report the same, in writing, to the Township Committee. If the member or employee believes the information is of such gravity that it must be brought to the immediate attention of the Township Committee, the report may first be made orally.

[Amended 12-19-1990 by Ord. No. 17-90]

§ 38-39 General conduct of duty.

A. Prohibited activity on duty. Members and employees are prohibited from engaging in the following activities while on duty:

(1) Sleeping, loafing and idling.

(2) Recreational reading, except at meals.

(3) Conducting private business.

(4) Gambling, unless to further a police purpose.

B. Alcoholic beverages and drugs.

(1) Members or employees of the Department shall not drink any kind of intoxicating beverage while on duty except when required in the performance of duty. A member, while assigned to duty in civilian clothes, may use intoxicants if absolutely necessary in the performance of duty, provided that such use does not render him unfit for proper and efficient performance of duty. Under no circumstances shall medically defined intoxication be considered justifiable.

(2) Members or employees of the Department shall not take any drugs that are not prescribed and necessary for their health at any time.

(3) Members shall not consume intoxicating beverages or other intoxicants while in uniform.

(4) Intoxicating beverages shall not, at any time, be consumed in headquarters.

(5) Members shall not report for duty under the influence of intoxicants. This condition shall cause the member to be unfit for duty. Superior officers shall not assign to duty any member in an unfit condition due to the use of intoxicants and shall immediately relieve of duty any member found on duty in such condition.

(6) Members or employees shall not have intoxicants on their person while on duty or in uniform or in any Police Department building or vehicle, except for evidential or other authorized purpose.

(7) Liquor or drugs brought into Department premises in the furtherance of a police task shall be properly identified and stored in accordance with Department policy.

(8) Members in uniform shall not enter any premises where intoxicants are sold or stored, except in the performance of duty.

(9) No liquor license shall be held by any regular police officer, any peace officer or any other person whose powers or duties include the enforcement of the alcoholic beverage laws or regulations, or by any profit corporation or association in which any person is interested directly or indirectly.

(10) No law or regulation promulgated by the Division of Alcoholic Beverage Control, however, shall prohibit permanent, full-time members of the Department from being employed, other than in the municipality, or in the county, as the case may be, for which they serve as police officers, by a business licensed to sell alcoholic beverages in this state.

(11) A police officer so employed shall not, while engaged in the selling, serving, possession or delivering of any alcoholic beverages:

(a) Have in his possession any firearm; or

(b) Wear or display any uniform, badge or insignia which would identify him as a police officer.

(12) No police officer so employed shall be permitted to work in excess of 24 hours a week in any such establishment. [Reference: N.J.A.C. 13:2-23.3(a) and N.J.S.A. 33:1-26.1.]

C. 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 Township Committee.

[Amended 12-19-1990 by Ord. No. 17-90]

D. Roll call. Unless otherwise directed, members shall report to daily roll call at the time and place specified, properly uniformed and equipped. They shall give careful attention to orders and instructions.

E. Physical fitness for duty.

(1) Members shall maintain good physical condition so that they can handle the strenuous physical contact often required of a law enforcement officer.

(2) Members shall undergo a yearly physical to be conducted by the Township Committee's physician.

(3) The Township Committee reserves the right to require members of the Police Department to undergo physical examinations by a doctor and/or psychological evaluations by a doctor or licensed psychologist at any time.

[Amended 9-7-1989 by Ord. No. 10-89]

F. Loitering. Members on duty or in uniform shall not enter theaters or other public places except to perform a police task. Loitering and unnecessary conversation in such locations are forbidden. Members and employees, off duty or on duty and not on any official police business, shall not loiter in Police Department areas. Township Police Department areas are off limits to all persons not members of the Police Department, governing body or employees of the Township, except for those persons under arrest or present on official police business. Any person not authorized shall be ordered to leave the area immediately.

G. Smoking while on duty. Members shall not smoke on duty while in direct contact with the public nor when in uniform except at meal times and when patrolling in police vehicles and at that time they shall be as inconspicuous as possible.

H. 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.

I. Meals. All meals are to be within the officer's post or within assigned off-duty areas. Subject to modification by a superior officer. Meals shall be eaten with reasonable dispatch when in public view. Officers are authorized one one-hour meal per eight hours' tour, in addition to two fifteen-minute coffee breaks. Time taken in excess of authorized time shall constitute neglect of duty.

J. Training. Members shall attend in-service training in the theory and practice of law enforcement at the direction of the Township Committee. Such attendance is considered a duty assignment. Any special training involving expenditures of public funds shall be subject to the approval of the appropriate authority.

[Amended 12-19-1990 by Ord. No. 17-90]

K. Inspections. From time to time the Township Committee 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 inspection is chargeable as absence without leave.

[Amended 12-19-1990 by Ord. No. 17-90]

L. Military courtesy. When meeting in public, members shall conform to normal courtesy standards and refer to each other by rank. A salute will be rendered to all superior officers.

M. National Colors and Anthem. Uniformed members will render full military honors to the National Colors and Anthem at appropriate times. A member of the Police Department shall raise and lower the flag daily. Members and employees in civilian dress shall render proper civilian honors to the National Colors and Anthem at appropriate times.

N. Possession of keys. No member, unless authorized by a superior officer, shall possess keys to any premises not his own, on or near his post or zone.

O. Address and telephone numbers. Immediately upon reporting for duty, members and employees shall record their correct residence addresses and telephone numbers with the Township Committee. Members and employees are required to have telephones in the place where they reside. Changes in address or telephone number shall be reported to the Township Committee within 24 hours of the change. This shall be done in writing on the appropriate form and within the specified time whether the member or employee is working or on leave.

[Amended 12-19-1990 by Ord. No. 17-90]

§ 38-40 Uniforms, equipment and appearance.

A. Regulation uniforms required. All members shall maintain regulation uniforms. Uniforms shall be kept neat, clean and well-pressed at all times.

B. Manner of dress on duty. Normally, members will wear the duty uniform on a tour of duty; however, superior officers may prescribe other clothing as required by the nature of the duty which a particular member is assigned. Employees will wear and maintain an employee uniform when so directed by the Township Committee.

[Amended 12-19-1990 by Ord. No. 17-90]

C. 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, he shall carry his badge discreetly.

D. Altering style of uniform. Uniforms shall be made of the material and the style prescribed in police orders, and such style shall not be altered or changed in any manner, whatsoever, unless authorized by the Township Committee.

[Amended 12-19-1990 by Ord. No. 17-90]

E. Carrying required equipment when in uniform.

(1) While on duty, except when assigned to office duties, members who are required to wear the specified uniform shall always carry as full equipment the following:

(a) Badge.

(b) Police Department identification card.

(c) Notebook.

(d) Pen.

(e) Firearm and ammunition (Department-issued or approved).

(f) Whistle (does not apply to office duties).

(g) Handcuffs and keys.

(h) Flashlight, as necessary.

(i) PR 24 Baton or straight stick.

(j) Portable radio in carrying case with belt loop.

(k) Soft body armor.

(2) A member shall also carry specially issued equipment and forms necessary for performing his duties.

F. Equipment in civilian clothes and on duty.

(1) While on duty, members who are required to wear civilian clothes shall carry as full equipment the following:

(a) Badge.

(b) Firearm and ammunition (Department-issued or approved).

(c) Handcuffs.

(d) Police Department identification card.

(2) Members shall have their portable radios, firearms and soft body armor immediately available.

G. Carrying equipment off duty. When off duty, each member will carry or have in his immediate possession his badge and identification card and, at the discretion of the member, his Department firearm or weapon authorized by the Department. This rule shall not apply when members are engaged in sports and activities of such a nature as to make it impractical.

H. 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. A dress-type shirt with tie shall be worn. Superior 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 wear clothing that conforms to standards normally required of office personnel in private business firms, unless otherwise directed. All articles of clothing shall be of a conservative nature.

I. Equipment. All equipment must be clean, in working order and conform to Department specifications.

J. 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.

(1) Male members and employees shall conform to the following additional standards of appearance:

(a) Hair.

[1] The style shall be of no more than medium length and fullness.

[2] Bushy hair protruding from the sides, back or front of the head is prohibited.

[3] Hair styles shall not be of such length as to cover any portion of the ears.

[4] A neat pattern, shaped at the rear of the neck, shall be maintained. Growth near the collar line must be neatly trimmed and shall not extend over the shirt or coat collar.

[5] Unusual haircuts, such as hair cut in an Indian style or in the shape of an arrow, etc., are strictly prohibited.

[6] Sideburns shall not extend below the bottom of the earlobe. The width shall not exceed 1 1/4 inches at the broadest point.

(b) Mustaches.

[1] The pattern shall be neatly trimmed.

[2] The extent of the growth shall be limited to 1/2 inch below the corner of the mouth.

[3] Length of the hair shall be no more than 1/4 inch, nor appear bushy.

(c) Beards. Full beards or other growths of hair below the lower lip, on the chin or lower jaw bone are prohibited.

(d) Clean shaven.

[1] Except for the areas of facial growth of hair permitted, all members shall be clean shaven.

[2] Personnel with a medical condition which precludes shaving shall be required to present a written statement, signed by a medical doctor verifying such condition.

(2) Female members. In the interest of safety, female members assigned to a duty where the regulation police uniform is worn shall wear their hair short and neatly trimmed near the collar line; growth shall not extend over the shirt or coat collar; or wear their hair rolled in a bun style when on duty, so that it conforms to the above.

(3) Earrings are prohibited.

K. Department property and equipment. Members and employees are responsible for the proper care of Department property and equipment assigned to them. Damaged or lost property may subject the responsible individual to reimbursement charges and appropriate disciplinary action.

L. Damaged or inoperative property or equipment. Members and employees shall immediately report to the Township Committee 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.

[Amended 12-19-1990 by Ord. No. 17-90]

M. Care of Department buildings. Members and employees shall not mark or deface any surface in any Department building. No material shall be affixed in any way to any wall in Department buildings without specific authorization from a superior officer.

N. Notices. Members and employees shall not mark, alter or deface any posted notice of the Department. Notices or announcements shall not be posted on bulletin boards without permission of a superior officer.

O. Department vehicles: use. Members shall not use any Department vehicle without the permission of a superior officer. Department vehicles shall never be used for personal business or pleasure.

P. Operation of motor vehicles. Members and employees, when driving vehicles of the Department, shall not violate the traffic laws except in cases of absolute emergency and then only in conformity with the law regarding the same. They shall set an example for other persons in the operation of their vehicles.

Q. Emergency calls and use of red light and siren. Members driving any Department vehicle, when responding to an emergency call, 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 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.

R. 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 superior officer.

S. Reporting accidents. Accidents involving municipal personnel, property and equipment must be reported in accordance with Department procedures.

T. Presumption of responsibility. In the event that municipal property is found bearing evidence of damage, it shall be incumbent upon the discoverer to report the same immediately. Failure to do so will result in disciplinary action.

U. Liability. Liability for negligence in the care, maintenance and safekeeping of property and equipment. All departmental property or equipment issued to or placed at the disposal of any member of the Department shall be properly cared for, maintained and secured by said member. In the event of any misuse or loss of said property by any member that member will beheld liable to reimburse the Department for damage or loss. This shall also include transportation vehicles of any type.

§ 38-41 Communications and correspondence.

A. Restrictions. Members and employees shall:

(1) Not use Department letterhead for private correspondence.

(2) Only send correspondence out of the Department under the direction of the Township Committee.

[Amended 12-19-1990 by Ord. No. 17-90]

B. Forwarding communications to higher commands. Any member or employee receiving a written communication for transmission to a higher command shall, in every case, forward such communication. A member receiving a communication from a subordinate directed to a higher command shall endorse it indicating approval, disapproval or acknowledgement.

C. Private use of Department address. 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 vehicle registration or driver license.

D. Telephones. Department telephone equipment may not be used for the transmission of personal messages involving toll charges without the express approval of the appropriate authority. All personal calls will be recorded in a log maintained specifically for that purpose, and the Township will be reimbursed for the cost of such calls.

E. Radio discipline. All members of the Department operating police radios shall strictly observe regulations for such operations as set forth in Department orders and by the Federal Communications Commission.

(1) Except in an emergency, all members shall use the appropriate departmental codes and signals when using a police radio.

(2) The use of portable radios and any other forms of entertainment other than equipment authorized by the Department is prohibited in police vehicles.

§ 38-42 Investigations.

A. Command of scene. At the scene of any crime, accident or other police incident, the ranking officer present shall assume command and direction of 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 them is assigned to the investigation detail that will follow up the investigation, that ranking officer will be in charge. 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. Responsibilities of members arriving at crime scene. The first member to arrive at the scene of a crime or other police incident is responsible for the following as they may apply to the situation:

(1) Summoning medical assistance and administering first aid as required to prevent further injury or loss of life.

(2) Arrest of violator(s).

(3) Security of the scene.

(4) Conducting a preliminary investigation.

C. Responsibilities of assigned members at crime scene. The members officially assigned to perform the preliminary or other investigation of an alleged crime or other incident are responsible for the duties in Subsection B and the completion 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. 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. Release of information at crime scene. Unauthorized persons, including member 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 or in accordance with departmental policy set forth below. In order not to jeopardize the prosecution of a criminal case and to ensure that an accused will not have cause to challenge the fairness of the court proceeding against him, every member of the Department is hereby advised of the following guidelines to be used in dealing with the press.

F. Statements to media.

(1) An officer shall not make nor participate in making any statement to the media that relates to:

(a) The character, reputation or prior criminal record, including arrests, indictments or other charges of crime, of the accused.

(b) The possibility of a plea of guilty to the offense charged or to a lesser offense.

(c) The existence or contents of any confession, admission or statement given by the accused or his refusal or failure to make a statement.

(d) The performance or results of any examinations or tests or the refusal or failure of the accused to submit to examinations or test.

(e) The identity, testimony or credibility of a prospective witness.

(f) Any opinion as to the guilt or innocence of the accused, the evidence or the merits of the case.

(2) These rules do not preclude an officer from announcing:

(a) The name, age, residence, occupation and family status of the accused, except if a juvenile.

(b) If the accused has not been apprehended, any information necessary to aid in the apprehension or to warn the public of any dangers the accused may present.

(c) A request for assistance in obtaining evidence.

(d) The identity of the victim of the crime unless a sexual assault is involved or there is some other reason to protect the privacy of a victim.

(e) The fact, time and place of arrest, resistance, pursuit and use of weapons.

(f) The identity of investigating and arresting officers or agencies and the length of the investigation.

(g) At the time of seizure, a description of the physical evidence seized, other than a confession, admission or statement.

(h) The nature, substance or text of the charge.

(i) Quotation from or references to public records of the court in the case.

(j) The scheduling or result of any step in the judicial proceedings.

(k) That the accused denies the charges made against him.

G. Confidential information.

(1) 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 a superior officer.

(2) Members shall not make known to any person any Department order which they receive unless so required by the nature of the order.

(3) Contents of any record or report filed within the Department shall not be exhibited or divulged to any person other than a duly authorized police officer, except with the approval of the Township Committee.

[Amended 12-19-1990 by Ord. No. 17-90]

H. Compromising criminal cases.

(1) Members and employees shall not interfere with the proper administration of criminal justice.

(2) 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.

(3) Members and employees shall not attempt to have any traffic summons or notice to appear reduced or stricken from the calendar. In any instance of voiding a traffic summons, a full report explaining reasons and circumstances shall be submitted to the Township Committee.

[Amended 12-19-1990 by Ord. No. 17-90]

(4) Any member or employee having knowledge of such action and failing to inform his superior officer thereof shall be subject to disciplinary action.

§ 38-43 Arrests.

A. Arrests. In making arrests, members shall strictly observe the laws of arrest and the following provisions:

(1) The arresting officer shall employ only such reasonable force and necessary restraints to assure the safety of other persons, other police officers and himself.

(2) Every member shall refrain from using unnecessary force or violence in making arrests and must not strike a prisoner or any other person except when necessary, in self defense, or to overcome actual physical resistance in making an arrest. However, he must be firm, resolute and energetic, exercising the necessary means to perform his duty properly. When it is necessary to use force, the circumstances shall be included in the arrest report on the case.

(3) The arresting officer is responsible for the safety and protection of the arrested person while in his custody. He shall notify a superior officer of any injury, apparent illness or other conditions which indicated that the arrested person may need special care.

(4) The arresting officer is responsible for the security of the personal property in possession or under the control of the arrested person at the time of the arrest. In the case of vehicles, this responsibility transfers to the towing company when they accept custody of the vehicle.

B. Assisting criminals. Members and employees shall not communicate any information which might assist persons guilty of criminal or quasi-criminal acts to escape arrest or punishment or which may enable them to dispose of or secrete evidence of unlawful activity or money, merchandise or other property unlawfully obtained.

C. Complaints by members for assault against themselves. Members shall arrest perpetrators of assault, assault and battery and criminal offenses directed against them. The perpetrators shall be charged accordingly. Whenever it is impossible to consummate the arrest at the time of the offense, the member shall make a complete report of the incident to a superior officer with a request that he be allowed to make a complaint in the proper manner according to procedure. A warrant which may be issued as a result of filing such a complaint shall in no case be served by the aggrieved member.

§ 38-44 Detentions.

A. Custody of prisoners. Members charged with the custody of prisoners shall observe all laws and Department orders regarding this activity. Prisoners shall be kept secure, treated firmly and humanely and shall not be subjected to unnecessary restraint.

B. Custody and detention of juveniles. The custody and detention of juveniles shall be governed by the Code of Juvenile Justice, N.J.S.A. 2A:4A-20 et seq., L. 1982, c. 77.

C. Custody of juveniles.

(1) Any duly appointed police officer may take a juvenile into custody pursuant to an order or warrant of any court having jurisdiction; or for delinquency, as defined in N.J.S.A. 2A:4A-23, where no process has been issued by a court. In taking a juvenile into custody, the police officer shall conform his conduct to the laws governing arrest and to the rules of court. [Reference: N.J.S.A. 2A:4A-31(a).]

(2) Where no delinquent conduct is alleged, a juvenile may be taken into short-term custody by a police officer without order of the court when:

(a) The officer has reasonable grounds to believe that the health and safety of the juvenile is seriously in danger and taking into immediate custody is necessary for his protection;

(b) The officer has reasonable grounds to believe the juvenile has left the home and care of his parents or guardian without the consent of such persons; or

(c) An agency legally charged with the supervision of a child has notified the law enforcement agency that the child has run away from out-of-home placement; provided, however, that in any case where the law enforcement officer believes that the juvenile is an abused or neglected child, as defined in § 1 of P.L. 1974, c. 119, N.J.S.A. 9:6-8.21, the officer shall handle the case pursuant to the procedure set forth in that act.

(3) Under no circumstances shall any juvenile taken into short-term custody be held for more than six hours. A juvenile taken into short-term custody shall not be retained in a detention facility or jail. The release of juveniles held in short-term custody is governed by N.J.S.A. 2A:4A-32, Subdivisions b through d.

(4) Any police officer taking a juvenile into custody shall immediately notify the parents or the juvenile's guardian, if any, that the juvenile has been taken into custody.

(5) The taking of a juvenile into custody shall not be construed as an arrest, but shall be deemed a measure to protect the health, morals and well being of the juvenile.

D. Juvenile complaints. Whenever a juvenile has been taken into custody for an offense that shall be adjudicated, the police officer taking the juvenile into custody or his duly constituted superior shall proceed to file a complaint. The complaint shall be filed with the Court Administrator and contain the information set forth in N.J.S.A. 2A:4A-30, Subdivision a(1) through (5).

E. Juvenile released.

(1) Where it will not adversely affect the health, safety or welfare of a juvenile, the juvenile shall be released pending the disposition of a case, if any, to a person or agency provided for in the Code of Juvenile Justice upon assurance being received that such a person or persons accept responsibility for the juvenile and will bring him before the court as ordered.

(2) A police officer may release a juvenile charged with delinquency on his own recognizance if all of the following circumstances have been met:

(a) The nature of the offense charge is not such that a danger to the community would exist if the juvenile were released;

(b) There is no parent, guardian or other appropriate adult custodian to whom the juvenile could be released and all reasonable measures have been exhausted by either police or court;

(c) The juvenile is at least 14 years of age;

(d) The identity and address of the juvenile are verified through a positive form of identification; and

(e) Reasonable certainty exists on the part of the releasing authority that, upon release, the juvenile will return to school or home safely and will appear at his hearing.

F. Juvenile detention. No juvenile shall be placed in detention without the permission of a judge or the court intake service and only in conformity with N.J.S.A. 2A:4A-34.

G. Juvenile place of detention or shelter.

(1) No juvenile shall be placed in detention or shelter care in any place other than that specified by the State Department of Corrections or Department of Human Services.

(2) A juvenile being held for a charge under this act, including a juvenile who has reached the age of 18 years after being charged, shall not be placed in any prison, jail or lockup nor detained in any police station, except that if no other facility is reasonably available a juvenile may be held in a police station in a place other than one designed for the detention of prisoners and apart from any adult charged with or convicted of crime for a brief period if such holding is necessary to allow release to his parent, guardian, other suitable person or approved facility. No juvenile shall be placed in a detention facility which has reached its maximum population capacity, as designated by the Department of Corrections.

(3) No juvenile charged with delinquency shall be transferred to an adult county jail solely by reason of having reached age of 18.

H. Rights of juveniles. All defenses available to an adult charged with a crime, offense or violation shall be available to a juvenile charged with committing an act of delinquency. All rights guaranteed to criminal defendants by the Constitution of the United States and the Constitution of this state, except the right to indictment, the right to trial by jury and the right to bail, shall be applicable to cases arising under this act.

I. Transportation of prisoners. Members transporting prisoners shall do so in accordance with Department policy.

(1) Prisoners requiring medical attention shall be delivered to the appropriate emergency hospital, and the transporting officers shall be responsible for the security of prisoners until properly relieved by a guard officer unless otherwise directed by a superior officer.

(2) Prisoners are the responsibility of the arresting officer or custodial officers until secured in a cell or turned over to a detective for investigation. The arresting officer shall be responsible for the thorough searching of the prisoner and the securing of his personal property with a superior officer.

(3) Any prisoner transported to a hospital in a private ambulance shall be accompanied and guarded by an officer unless police exigencies dictate otherwise. In the latter case, a guard will be arranged for the prisoner as soon as possible.

(4) Whenever a female prisoner is transported, the transporting officer, prior to starting the transport, shall transmit to communications his destination, the odometer's starting mileage and the time. The officer, upon completing the transport, shall again give the mileage reading and time. All prisoners before being transported must be thoroughly searched and properly secured.

J. Use of derogatory terms. Members or employees shall:

(1) 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) Neither use uncomplimentary terms of speech when referring to any prisoner or other person nor willfully antagonize any person with whom the officer comes in contact.

K. 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.

L. Recommending attorney and bail bond 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.

M. Acting as bailer prohibited. Members and employees cannot act as bailers for any person in custody, except relatives, or in any case where any fee, gratuity or reward is solicited or accepted.

N. Assisting escape of prisoners, handling of and safekeeping. Members shall not communicate any information nor shall they aid a person to escape custody or arrest, nor shall they delay in taking action to apprehend an offender.

O. Maltreatment. No member shall willfully mistreat or harm a prisoner in custody, or in the custody of the station house.

P. Use of force. Members shall not use excessive force on any person at any time, no matter what the provocation may be. Any member guilty of the use of excessive force shall be subject to disciplinary action. For the use of force, follow guidelines set forth in this manual for the use of force.

Q. Safekeeping of prisoners. Members shall be responsible for maintaining the safekeeping of prisoners and preventing their escape. The escape of the prisoner shall be considered prima facie evidence of gross neglect of duty and shall result in disciplinary action.

R. Searching of prisoners. It is the responsibility of the arresting officer to search all prisoners. A superior officer will ensure that a proper search of the person or a prisoner has been made before his placement in a lockup or before being transported to another location.

S. Male and female prisoners. A superior officer shall cause all prisoners to be thoroughly searched before being lodged in a cell. The following items shall be removed from a prisoner's possession:

(1) All drugs, liquors and weapons.

(2) All property unlawfully carried or which is required as evidence.

(3) All other property which is lawfully carried but is dangerous to life or which would facilitate escape.

(4) All other property which can be used to damage or deface Department property.

(5) All other property such as money and valuables, except clothing, if prisoner is intoxicated.

T. Strip searches. If, in the opinion of the officer in charge, a strip search of a prisoner is necessary, the following guidelines shall be adhered to:

(1) No strip search may be conducted upon a person who has been detained or arrested for the commission of an offense other than a crime, without a warrant or the consent of the person to be searched unless there is probable cause to believe that a weapon, controlled dangerous substance or evidence of a crime will be found.

(2) No body cavity search may be conducted upon a person who has been detained or arrested for the commission of an offense other than a crime, without a warrant or the consent of the person to be searched.

(3) For the purpose of this section, "strip search" means any search of an arrested or detained person which requires the removal or rearrangement of some or all of his clothes so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or underwear covering those areas of the person. "Body cavity search" means any search of the anal or vaginal cavities.

(4) Any strip search or body cavity search conducted pursuant to this subsection shall be performed by persons of the same sex as the arrested person and at a location where the search cannot be observed by persons not physically conducting the search. The police officer or other person authorized to conduct a strip search or body cavity search shall obtain permission of the officer in charge to conduct the search and shall report the reason for the search on the record of arrest. This report shall not be deemed a public record but shall be released only to the person searched upon the written request of that person or upon court order. Where emergency conditions require immediate action to prevent bodily harm to the officer or others, the requirements of this subsection shall not apply. In all cases where a strip search is conducted as an exception to the requirements of this subsection, the officer conducting the search shall file a separate written report setting forth the emergency conditions which required the immediate action. This written report shall be filed with and reviewed by the officer in charge who had the authority to authorize a strip search.

(5) Conduct.

(a) Where it is determined that a strip search or body cavity search is necessary, it shall be performed under sanitary conditions. A body cavity search, pursuant to Subsection T(2) of this section, shall be conducted by a licensed physician or registered professional nurse.

(b) Any person conducting a body cavity search pursuant to this subsection shall, upon request, furnish to any law enforcement agency a certificate stating that the body cavity search was pursuant to the requirements of this subsection and performed in a medically acceptable manner. The certificate shall be signed under oath before a notary public or other person empowered to take oaths and shall be admissible in any proceeding as evidence of the statements contained therein.

(c) No person may claim the physician and patient privilege with respect to the conducting of a body cavity search pursuant to this subsection.

(6) Failure to comply with any provisions of this subsection shall subject the police officer or other authorized person to administrative disciplinary action. Nothing in this subsection shall be construed as limiting such person's criminal liability pursuant to the laws of this state.

(7) Nothing in this subsection shall be construed as limiting any statutory or common law rights of any person for purposes of any civil action or injunctive relief.

(8) Nothing in this subsection shall prohibit a strip search or body cavity search of a person unable to post bail after a reasonable opportunity to do so, who is lodged by court order or pursuant to an arrest authorized by law in a lockup, detention facility, prison, jail or penal institution. The administrative office of the courts shall promulgate a bail schedule for all offenses, other than crimes, and bail may be fixed and accepted by the law enforcement officer in charge of headquarters.

(9) A violation of the provisions of Subsection T(4)and (5) of this section shall not affect the admissibility of evidence seized pursuant to a strip search or body cavity search. (Reference: N.J.S.A. 2A:161A-1.)

U. Searching female prisoners. The search of a female prisoner by male officers is restricted to a search of the female prisoner's purse and those articles of outer clothing which can be removed from the prisoner and searched with propriety. A female Department officer or other responsible female, such as a matron, registered nurse, a female court attendant or a county or state prison matron, shall be summoned to make a thorough search of all female prisoners with all the privacy that circumstances permit. The items to be removed from her possession shall be the same as those enumerated in Subsection S. A strip search of a female prisoner shall be conducted in conformity with Subsection T.

V. Search of unconscious or injured prisoner. When an unconscious or seriously injured prisoner is removed to a hospital, a police officer shall search the prisoner, if a male, in the presence of witnesses. If the prisoner is a female, the search of the prisoner shall be left to the hospital authorities. Any property in her possession unlawfully carried or lawfully carried but dangerous to life or that may be used to facilitate escape or required as evidence shall be taken by the arresting officer and delivered to the officer in charge for safekeeping. An itemized receipt shall be given to the hospital authorities of all property received by the officer.

W. Unconscious or injured prisoner. A police officer shall not transport an unconscious or seriously injured prisoner to police headquarters or other designated place for detention. An ambulance or other conveyance shall be summoned and such prisoner shall be removed to the nearest hospital for medical attention.

X. Assisting a citizen in arrest. When a citizen charges another with the commission of a crime and insists that the person charged be taken into custody and the circumstances appear to warrant an arrest, a police officer shall take the accused to police headquarters and shall require the accuser to accompany him as the complainant.

Y. The citizen's arrest. Prisoners arrested by citizens shall be processed and detained in the usual manner.

Z. Superior officer's responsibility. The superior officer in charge shall not permit a person arrested by a citizen to be detained until and unless he, the superior officer, has carefully considered the factors in the case and is satisfied that a crime has been committed and that the person arrested has committed it.

AA. Citizen as arresting person. Citizens making arrests shall be carried on all forms as the arresting person and shall be instructed by a superior officer or police officer where he is to make a sworn complaint, and when and where to appear for the arraignment of the prisoner.

BB. Services of detective division. Where arrests are made by citizens, the officer in charge shall use discretion as to whether such cases warrant the services of detectives. If so, a superior officer of the command having responsibility shall be immediately notified so that a citizen may be interviewed and an investigation conducted, if necessary.

§ 38-45 Bail.

A. Offenses bailable by Municipal Judge. A Municipal Judge may admit to bail any person charged with any offense except murder, kidnapping, manslaughter, aggravated manslaughter, aggravated sexual assault, sexual assault, aggravated criminal sexual contact or a person arrested in any extradition proceeding. (See Court Rules 3:26-2; 7:5-1.)

B. Denial of bail by Municipal Judge. When a person charged with an offense shall have been committed to jail after hearing by reason of bail having been denied, only a judge of the Superior Court may thereafter admit him to bail. (See Court Rule 3:26-2; 7:5.1.)

C. Indictable offenses reserved to court. Only a Municipal Judge, as well as other judges provided by law, shall have the power to admit to bail any person arrested and charged with an indictable offense; however, he cannot bail in all cases. (See Subsections A and B above; Court Rule 7:5-3.)

D. Absence of the Municipal Judge. In the absence of the Municipal Judge, a person arrested and charged with a criminal offense which is not an indictable offense and which may be tried by the Municipal Judge may be admitted to bail by the Court Administrator. (See Court Rule 7:5-3.)

E. Absence of both Judge and Administrator. In the absence of the Judge and the Administrator, a person arrested and charged with a criminal offense which is not an indictable offense and which may be tried by the Municipal Judge may be admitted to bail in accordance with Court Rule 7:4-2 and N.J.S.A. 2B:12-21.

[Amended 12-19-1990 by Ord. No. 17-90[1]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. Absence of Municipal Judge defined. The Municipal Judge shall be considered absent when his court is closed or when he has left his court for the day.

G. Absence of Administrator defined. The Court Administrator shall be considered absent when the court is closed (Saturdays, Sundays and holidays) or has closed for the day or after 4:00 p.m. on any regular business day.

H. Business hours of the court. The regular business hours of the court shall be from 9:00 a.m. to 12:00 noon and from 1:00 p.m. to 4:00 p.m. Monday through Friday.

I. Police shall not bail during business hours. Police officers shall not admit to bail during the regular business hours of the court, unless the court is closed and bail shall not be taken during these hours except with the consent of the Municipal Judge.

J. Police shall not bail for bookmaking or lottery offenses. A police officer shall not admit to bail any person arrested and charged with bookmaking or lottery offenses.

K. Arresting officer shall not bail. The arresting officer shall not fix bail, nor shall he take bail.

L. Accepting bail in indictable offenses. After the Municipal Judge has set bail for a person who has been arrested and charged with an indictable offense, which is bailable, bail may be accepted in the amount set by the Municipal Judge in accordance with Court Rule 7:5-3.

[Amended 12-19-1990 by Ord. No. 17-90]

M. Procedure for acceptance of bail. When bail is taken the officer accepting the bail shall:

(1) Make proper entry in the bail bond at police headquarters and complete the bail bond receipt.

(2) List the necessary information on bail bond, endorse the recognizance (in duplicate) and forward to the court having jurisdiction over the offense charged.

N. Bail for witness. Every Municipal Judge shall, when the interest of justice requires, bind with sufficient surety all persons who can give testimony against one accused of a criminal offense punishable by death or imprisonment in state prison, whether or not the offender be arrested, imprisoned or bailed. (See Court Rule 3:26-3; 7:5-1.)

O. The payment of bail. Only cash bail shall be accepted by a police officer who is authorized to admit to and accept bail, with the following exceptions: bail bond and check from a reputable citizen.

P. Release on own recognizance. When directed by any Municipal Judge, no cash need be required and the person arrested may be released on his own recognizance [see Court Rule 3:26(a)]. Police officers shall assist the Municipal Judge, if he should inquire, by advising him of the defendant's background, residence, family status and employment, if it is known or can easily be learned.

Q. Amount of bail for traffic offenses. Police officers admitting to bail persons arrested and charged with nonindictable traffic and motor vehicle violations shall accept bail in amounts equal to the maximum fine charged upon convictions for the specific violation, plus costs, unless otherwise ordered by the court.

R. Amount of bail for other nonindictable offenses. The police officer admitting to bail persons arrested and charged with other nonindictable offenses shall accept bail in conformance with applicable departmental orders, otherwise ordered by the court. In unusual circumstances the police officer may assist the Municipal Judge in arriving at a proper bail and shall consider the amount that will insure their presence in court when requested, having regard for their background, residence employment and family status.

S. Under influence of narcotics or intoxicants. Police officers shall not admit to bail persons who are apparently under the influence of narcotics or intoxicants unless they can be released to the care of a responsible person.

T. Police shall not bail on warrants that issue out of Superior Courts. When arrests are made on warrants on a complaint that originated in the Superior Courts, bail must be set by a Superior Court Judge.

U. Juveniles shall not be bailed. Police officers shall not admit to bail any juvenile offender who may be taken into custody. They shall follow Court Rule 5:21-1 et seq. (See § 38-44B through H above.)

V. Bail forwarded to court. A superior officer shall forward the bail receipt book, containing the cash, bond, check, etc., to the court having jurisdiction over the offense.

W. The Court Administrator shall sign receipt book. The member detailed to transport the bail receipt book to court shall have the bail book signed by the Court Administrator as acknowledgement of the receipt of bail funds.

X. Bail book returned to police headquarters. The receipted bail book shall be returned to police headquarters.

§ 38-46 Firearms.

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.

A. Handling of firearms. Police officers shall exercise caution and the utmost care in handling firearms on and off duty.

B. Official police firearm. The official police firearm shall be the firearm issued to each police officer by the Department. Carrying personal firearms on duty or during emergencies is prohibited, unless otherwise dictated by the Township Committee.

[Amended 12-19-1990 by Ord. No. 17-90]

C. Off-duty firearm. The Township Committee may authorize a police officer to carry an off-duty weapon other than the official police firearm, provided that the police officer follows the steps prescribed below:

[Amended 2-19-1990 by Ord. No. 17-90]

(1) He submits a written report through channels requesting permission to carry an off-duty weapon.

(2) He submits the off-duty weapon to the officer in charge of firearms training for inspection to determine whether it meets the same standards set for safety and serviceability that apply to the official police firearm.

(3) He carries the authorized off-duty weapon only after he has secured the approval of the Township Committee and only during the time this approval remains in effect.

(4) When requested, the off-duty weapon will be submitted for test fire and inspection upon the member's appearance for scheduled in-service firearms training.

(5) The officer observes and is bound by any part of or any section of these rules and regulations which pertain to the official police firearm, and he understands that these same rules and regulations also apply to his use of any off-duty weapon which may be authorized by the Township Committee.

D. Carrying firearms, generally. Police officers shall carry their official police firearms 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. When on duty, they shall also carry sufficient extra ammunition to fully reload their official, Department-issued firearm. Police officers who may be sick, injured or on vacation leave may, but are not required to, carry a firearm. Police officers who are suspended or whose weapons have been officially taken from them for other reasons shall not carry a firearm under any circumstances.

E. In-service and off-duty holsters. The official police firearm or authorized off-duty firearm shall be carried in holsters which conform to acceptable specifications.

F. Nonregulation firearm prohibited. Police officers who carry and employ firearms other than those that have been inspected and approved by the Police Department shall be subject to disciplinary action.

G. Tampering with police firearm. All repairs and adjustments to the official police firearm shall be made by the officer in charge of firearms training. Police officers shall not use unauthorized grips. Also, they shall not make any change in the trigger pull mechanism or effect any other unauthorized alteration or addition. Special grips may be used in special cases, but only after the police officer first has obtained the approval of the officer in charge of firearms.

H. Care of firearms off duty, outside home. A police officer when off duty and outside his home shall keep his Department-issued service firearm or authorized off-duty weapon holstered on his person readily available for emergency use, unless he is on sick, injured or vacation leave. To avoid an accidental discharge, a police officer shall not carry his firearm in his waistband or in any of his pockets.

I. Care of firearms off duty, at home. A police officer shall keep his firearm in a secure place readily available in case of emergency.

J. Securing of weapons. At no time will a member secure his Department-issued weapons or personally owned weapons in his locker or other police facility.

K. Removing firearm from belt. When removing a firearm from his person, a police officer shall keep the firearm holstered and jointly remove both the firearm and holster from his belt. A police officer shall not remove the firearm from its holster except when he intends to clean or fire it. However, when circumstances require, a police officer may unload his firearm before storing it in a secure place, provided that he observes all the safe practices prescribed and taught by authorized Department firearms instructors for the safe unloading of the weapon.

L. Loss of the firearm. Loss of the official police firearm through carelessness or neglect shall be deemed a serious violation of Department regulations.

M. Ammunition issue. The initial issue and the replacement of ammunition for Department firearms 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 police duty. Only Department-issued ammunition shall be used.

N. Discharge of firearm; report. It shall be the policy of the West Amwell Police Department that any member of the force who discharges any firearm or service weapon shall, by the quickest means of communication available, notify a superior officer and/or the Township Committee and promptly submit a written report to the Township Committee whether in performance of duty or accidentally and whether on or off duty, as well as during an authorized absence from duty. This reporting requirement shall not apply to firearms routinely discharged in the course of training.

[Amended 12-19-1990 by Ord. No. 17-90]

(1) Required reports:

(a) Officer involved to execute an incident report.

(b) Investigation by a superior officer designated by the Township Committee.

(c) Conclusions and appropriate personnel action or recommendations by the Township Committee.

(2) Report includes:

(a) Time.

(b) Day.

(c) Date.

(d) Location.

(e) What occurred (incident leading to the discharge of firearm).

(f) Reason for discharge, giving all pertinent information.

(g) If in performance of duty, justification for the discharge.

(h) If in another jurisdiction, name of police agency in that jurisdiction.

(3) Report by a superior officer designated by the Township Committee:

(a) Submits report to Township Committee as soon as possible.

(b) Report includes:

[1] Officer(s) involved.

[2] Tour of duty.

[3] Time of occurrence.

[4] Assignment.

[5] Day.

[6] Date.

[7] Chronological sequence of events leading up to the shooting.

[8] Names and addresses of subjects and/or witnesses, with a brief summary of their statements.

[9] Results of examination of service firearms:

[a] Number of live rounds still contained.

[b] Number of expended shells.

[c] Number of shots fired, related to firing point.

[d] Serial number and maker of service firearm model.

[e] Name of officer to whom issued if different from officer firing it.

[10] Results of check of surrounding area for expended rounds, giving location where found, if applicable (injury or damage).

[11] State if officer involved was familiar with Subsection O of this section, on the use of deadly force.

[12] Conclusion. Use of service firearm was justifiable or unjustifiable, with investigation officer's observations and conclusions.

(4) Reports of witnesses.

(a) Names of all persons having firsthand knowledge should be gathered immediately.

(b) Statements of disinterested witnesses are vital.

(c) The report should be in writing.

(d) The report should be in narrative form, but augmented by a series of questions and answers to ensure the fullest possible disclosure.

(5) Use of weapons other than firearm.

(a) The member who uses the weapon shall report the incident:

[1] To a superior officer.

[2] No later than the conclusion of the tour of duty in which the incident occurs.

(b) Incident reports (use of blackjack, baton, mace) shall be filed.

(c) A superior officer designated by the Township Committee shall:

[1] Make a thorough investigation.

[2] Forward a report to the Township Committee at his discretion.

O. Use of force, including deadly force, by law enforcement officers.

(1) Introduction. 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 laws and basic training courses concerning the use of force by officers in the performance of their duties.

(a) 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, does not constitute deadly force.

(b) "Nondeadly force" means physical force other than deadly force.

(c) 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.

(d) 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) 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) Warning shots by officers performing their duties are not authorized by the Department.

(b) 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 comply extraordinary care in the handling of firearms and other deadly weapons. It is essential that each officer exercises sound judgment and act reasonably 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) 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) Use of nondeadly force.

[1] Officers are justified in using nondeadly force in the performance of their duties when they reasonably believe it is immediately necessary to:

[a] Protect themselves or others against the use of unlawful force by another person.

[b] Prevent another from committing suicide or inflicting serious bodily harm upon oneself.

[c] Thwart the commission of a crime involving or threatening bodily harm, damage to or loss of property or a breach of the peace.

[d] Prevent an escape.

[e] Effect an arrest for any offense or crime under the laws of the State of New Jersey.

[2] The use of force (deadly or nondeadly) to effect an arrest, however, is not justifiable unless:

[a] 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] When the arrest is made under a warrant, the warrant is valid or reasonably believed by the officer to be valid.

[c] When the arrest is without a warrant, that the arrest is lawful.

(b) 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] Self-defense. When officers reasonably believe that deadly force is necessary to protect themselves against death or serious bodily harm.

[a] 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.

[2] 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] 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] Where it reasonably appears to officers that the person they seek 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.

(c) Overlapping justifications. Justifications for the use of any force in specific situations (e.g., self-dense, 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 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.

P. 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 records 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. In addition, all members of the Police Department must satisfy minimum state and county requirements for qualification and familiarization with shot guns, rifles and any other weapons owned by the Township and used and maintained by the Township Police Department. Copies of such certifications shall be maintained by the Township Committee in each officer's personnel file. All firearms with the exception of the officer's issued and personal weapon and any weapon carried in the police car while on duly shall be maintained in a secured cabinet in the Police Department.

[Amended 12-19-1990 by Ord. No. 17-90]

§ 38-47 Public activities.

A. Conduct toward the public. Members and employees shall be courteous and orderly in their dealings with the public. They shall perform their duties quietly, avoiding harsh, violent, profane or insolent language and shall always remain calm regardless of provocation. Upon request, they are required to supply their names and badge numbers in a courteous manner. They shall attend to requests from the public quickly and accurately, avoiding unnecessary referral to other parts of the Department.

B. Impartial attitude. All members, even though charged with vigorous and unrelenting enforcement of the law, must remain completely impartial toward all persons coming to the attention of the Department. Violations of the law are against the state and not against individual officers. All citizens are guaranteed equal protection under the law. Exhibiting partiality for or against a person because of race, creed or influence is conduct unbecoming an officer. Similarly, unwarranted interference in the private business of others when not in the interest of justice is conduct unbecoming an officer.

C. Disparaging nationality, race or creed. Courtesy and civility toward the public is required of all members of the Department. Members shall not use words which humiliate, disparage, demean, degrade, ridicule or insult a person because of his race, creed, color, national origin or ancestry.

D. Public statements. Members of the Department shall not make public statements concerning the work, plans, policies or affairs of the Department, which may impair or disrupt the operation of the Department or which are obscene, unlawful or defamatory.

E. Subversive organization. No member or employee shall knowingly become a member of or be connected with any subversive organization, except when necessary in the performance of duty and then only under the direction of the Township Committee.

[Amended 12-19-1990 by Ord. No. 17-90]

F. Affiliation with certain organizations prohibited. Police officers shall not join any organization nor affiliate themselves with any organization whose constitutions embrace provisions which might in any way exact prior consideration and prevent the proper and efficient functioning of the Department. This prohibition does not apply to the active military or Naval service of the United States or of this state in time of war or an emergency or for or during any period of training or pursuant to or in connection with the operation of any system of selective service. (Source: N.J.S.A. 38:23-4.)

G. Affiliation with radical groups. No police officer or civilian employee, except in the discharge of police duties, shall knowingly associate with or have any dealings with any person or organization which advocates or which is instrumental in fostering hatred, prejudice or oppression against any racial or religious group or political entity.

H. Trade unions; organizations affiliated with trade unions. No member of this Police Department shall affiliate himself with any labor union or organization whose policy may be to cause a violation of any state statute or Township ordinance which would cause a deterioration of police services.

I. Commercial testimonials. Members and employees shall not permit their names or photographs to be used to endorse any product or service which is in any way connected with law enforcement without the permission of the Township Committee. They shall not, without the permission of the Township Committee, allow their names or photographs to be used in any commercial testimonial which alludes to their positions or employment with the Department.

[Amended 12-19-1990 by Ord. No. 17-90]

J. Public appearance request. All requests for public speeches, demonstrations and the like, concerning police matters, will be routed to the Township Committee for approval and processing. Members and employees directly approached for this purpose shall suggest that the party submit his request to the Township Committee.

[Amended 12-19-1990 by Ord. No. 17-90]

§ 38-48 Political activities.

A. Partisan political activities prohibited. Police officers shall not actively engage in partisan political campaigns and activities while on duty or in the performance thereof.

B. Bipartisan political activities; limitation. Police officers may engage in bipartisan political activities except when such activities will impair or harm the operation or discipline of the Department.

C. Elections to public office. Police officers may run for public office, but may not campaign nor engage in any activity connected with candidacy for such office during any tour of police duty.

D. Soliciting prohibited. Members of the Department shall not solicit contributions for political purposes, nor shall they interfere with or use the influence of their office for political reasons.

§ 38-49 Judicial and investigative actions.

A. Court appearance. Attendance at a court or quasi-judicial hearing as required by subpoena is an official duty assignment. Permission to omit this duty must be obtained from the prosecuting attorney handling the case or competent court officials. When appearing in court, either the official uniform or a business suit or sport jacket and pants, with shirt and tie, shall be worn. Members shall present a neat and clean appearance, avoiding any mannerism which might imply disrespect to the court.

B. Testifying for the defendant. Any member or employee subpoenaed to testify for the defense in any trial or hearing or against the municipality or Department in any hearing or trial shall notify the Township Committee upon receipt of the subpoena. The Township Committee shall notify the Municipal Attorney.

[Amended 12-19-1990 by Ord. No. 17-90]

C. Duty of member or employee to appear and testify. It shall be the duty of every member or employee to appear and testify upon matters directly related to the conduct of his office, position or employment before any court, grand jury or the State Commission of Investigation. Any member or employee failing or refusing to so appear and to so testify shall be subject to removal from his office, position or employment.

D. Department investigations; testifying. Members or employees are required to answer questions or render material and relevant statements in a departmental investigation when such questions and statements are directly related to job responsibilities.

E. Truthfulness. Members and employees are required to be truthful at all times whether under oath or not.

F. Civil action, court appearances, subpoenas. A member or employee shall not volunteer to testify in civil actions and shall not testify unless legally subpoenaed. Members and employees will accept all subpoenas legally served. If the subpoena arises out of Department employment or if the member or employee is informed that he is a party to a civil action arising out of Department employment, he shall immediately notify the Township Committee and the Municipal Attorney of the service or notification and of the testimony he is prepared to give. Members and employees shall not enter into any financial understanding for appearances as witnesses prior to any trial, except in accordance with current directives.

[Amended 12-19-1990 by Ord. No. 17-90]

G. Civil depositions and affidavits. Members and employees shall confer with the Township Committee before giving a deposition or affidavit on a civil case. If the Township Committee determines that the case is of importance to the town, he shall notify the Municipal Attorney before the deposition or affidavit is given.

[Amended 12-19-1990 by Ord. No. 17-90]

H. Civil cases. Members shall not serve civil process or assist in civil cases unless the specific consent of the Township Committee is obtained. They shall avoid entering into civil duties but shall prevent or abate a breach of the peace or crime in such cases.

[Amended 12-19-1990 by Ord. No. 17-90]