Chapter 75 Police Department

There is hereby created in and for the Borough of Dumont a Police Department which shall consist of not in excess of the following:

One Chief of Police;

Up to two Captains;

Up to four Lieutenants;

Up to nine Sergeants;

Up to 26 Police Officers;

Special Force Police Officers:

Up to 10 Class One Special Force Police Officers;

Up to four Class Two Special Force Police Officers and not to exceed 25% of the total number of regular police officers;

Up to five Class Three Special Police Officers;

All Special Police Officers shall be appointed as provided hereinafter and consistent with N.J.S.A. 40A:14-146.8 et seq. and compensated as provided in the Salary Ordinance of the Borough as made and provided from time to time;

Twenty-five Police Reserves, each of whom shall be appointed as provided hereinafter and each of whom shall be compensated as provided in the Salary Ordinance of the Borough as made and provided from time to time

(h)

Twelve civilian dispatchers; and

(i)

One Police Records Clerk.

The foregoing shall constitute the Table of Organization of the said Police Department of the Borough of Dumont. [Rueter v Borough of Fort Lee, 167 NJ 38 (2001)]

Mandatory assignments. The following assignments shall be mandatory, unless the Director of Police or the Chief of Police, upon annual review, deems said assignment to be no longer necessary:

One Sergeant or Lieutenant and up to three police officers shall be assigned to the Detective Bureau at the discretion of the Chief of Police. Said Sergeant or Lieutenant and three police officers shall continue to receive detective pay for the duration that they remain in their assignment.

§ 75-3 Appropriate authority and Police Committee.

One police officer may be assigned as a D.A.R.E. or L.E.A.D. or any other school-related anti-drug training officer.

[Amended 9-14-2021 by Ord. No. 1591]

The Administrator shall be the appropriate authority and shall serve on the Police Committee.

The Police Committee shall be comprised of three Council members as chosen by the Council at the Borough reorganization meeting. The Police Committee shall be involved in and make recommendations to the Mayor and Council on hiring and promotions within the Police Department.

[Amended 7-20-2022 by Ord. No. 1607; 2-21-2023 by Ord. No. 1618; 9-19-2023 by Ord. No. 1625]

Appropriate authority shall be responsible for the overall performance of the Police Department. The appropriate authority shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members (N.J.S.A. 40A:14-118).

The appropriate authority shall be responsible for the release of all public information. There shall be no press, social media or other public information release absent the express approval of the appropriate authority.

§ 75-4 Prerequisites for service.

[Amended 9-14-2021 by Ord. No. 1591]

No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes (N.J.S.A. 40A:14-122, 40A:14-127 and this chapter).

The Mayor and Council of the Borough of Dumont, upon recommendation of the Police Committee, has the authority to reappoint a former member of the Dumont Police Department, provided that he or she meets the following requirements:

The individual must submit to psychological testing and pass said psychological testing as provided in § 75-6A(3)(c).

The individual must submit to and pass a physical examination conducted by the police physician pursuant to the terms and conditions as provided in § 75-6A(3)(a).

The individual must have a proven record of good service for the Borough of Dumont during the time that said individual served as a police officer within the municipality.

§ 75-6 Appointment and confirmation; new officers.

The appointment of an individual under this section requires a majority vote of the Mayor and Council of the Borough of Dumont.

§ 75-5 Department rules.

[Amended 9-14-2021 by Ord. No. 1591]

Rules and regulations established. The appropriate authority of the Borough of Dumont has the authority to adopt and promulgate the Department Rules and Regulations, known as the Borough of Dumont Police Department Regulations and hereinafter called the "rules." The current rules shall remain in effect until new rules are adopted and promulgated.

Right to amend or revoke. In accordance with N.J.S.A. 40A:14-118, the right is reserved by the appropriate authority to amend or to revoke any of the rules contained herein.

[Amended 4-21-2015 by Ord. No. 1485; 12-6-2016 by Ord. No. 1500; 3-7-2017 by Ord. No. 1515; 9-14-2021 by Ord. No. 1591]

Application for appointment; appointment and confirmation.

Application and appointment to the Dumont Police Department shall be made on a form furnished by the administration of the Dumont Police Department and filed with the administration of the Dumont Police Department together with a $100 nonrefundable fee payable to the Borough of Dumont to defray the expense of hiring process. Appointment shall be done by oath by and before the Council and kept on file with the Borough Clerk.

No person shall be appointed a police officer in the Department unless he/she completes the application as prescribed in Subsection A(1). Any misstatement or non-statement of essential fact in such application shall be sufficient cause for rejection of the applicant or for dismissal from the Department if not discovered until after the appointment is made.

All members of the Police Department shall be nominated by the Police Committee and confirmed by the Borough Council. The Mayor shall present the appointment to the Council in writing, based upon the recommendations of the Police Committee, and the Police Chief and attach the following:

The original certification of the examining physician, appointed by the Borough Council, showing that the applicant has passed the physical examination referred to in this chapter.

The complete application referred to in Subsection A of this section.

A certification from the examining psychologist or psychiatrist appointed by the Borough Council certifying that the applicant has passed a psychological examination referred to in this chapter.

A certification from the physical fitness examining committee, appointed by the Borough Council.

All evaluations and data mentioned herein shall remain strictly confidential.

Oath of office. Before entering upon the duties of his/her office and within 10 days after his/her appointment, each member of the Police Department shall take and subscribe to an oath: "I do solemnly swear that I will support the constitution of the United States and the constitution of the State of New Jersey and that I will faithfully, impartially and justly perform all the duties as a member of the Police Department of the Borough of Dumont according to the best of my ability and understanding."

Probationary term.

All persons appointed to the Dumont Police Department shall be appointed on probation for a term not less than 12 months nor more than 18 months. Pursuant to N.J.S.A. 52:17B-66 et seq., no person shall be permanently appointed to the Dumont Police Department until they have successfully completed basic police officer training course at an approved school.

The Borough may waive the attendance of such training if satisfactory certification of previous accredited schooling under the mandatory police training act of the State of New Jersey is presented and found to be satisfactory, and in accordance with the following:

Notwithstanding the requirements set forth in this chapter, the Police Committee may recommend and the Mayor and Council may appoint a candidate to the Police Department without the necessity of submitting to a competitive written and oral examination, provided the candidate meets the following requirements:

The candidate is presently serving, or has served, as a full-time police officer with any municipal, county or state police department or law enforcement agency; or

The candidate is otherwise qualified by having completed the state mandated Police Academy training.

A candidate appointed pursuant to Subsection C(2)(a) shall meet all of the other requirements set forth in this chapter.

The Chief of Police shall make recommendation to the appropriate authority for the transition from probationary status to regular status for each probationary officer. Such recommendation shall be set forth in writing. The appropriate authority shall notify the Mayor and Council, who shall review the probationary officer's performance and confirm or deny permanent appointment.

Nothing shall prohibit the Chief of Police from recommending a probationary employee's removal at any time during an employee's probationary period when such employee demonstrates that he/she does not possess the qualities and abilities to perform the essential functions and duties of a Dumont Police officer.

Tenure. The members of the Police Department shall continue to remain members of the Police Department during their good behavior and efficiency. No member of the Department shall be removed from the Department for political reasons or for any cause other than incapacity, misconduct, or disobedience of the rules and regulations of the Dumont Police Department.

Hours of duty; work week; overtime.

The normal workday tour shall be in accordance with the current collective negotiations agreement between the PBA (Dumont Unit) and the Borough of Dumont or, if expired, in accord with such expired agreement. However, in case of emergency, said members may be summoned.

The work week/hourly rate of pay and overtime will be in accordance with current collective negotiations agreement between the PBA (Dumont Unit) and the Borough of Dumont.

Compensation.

The compensation of the Chief of Police shall be determined by the Mayor and Council. The compensation for all other members of the Police Department shall be pursuant to the collective negotiations agreement negotiated between the PBA and Borough and as approved as part of the Borough budget.

The Chief of Police shall receive the same benefits as other nonunion department head employees as provided by Borough policy or ordinance. Alternatively, the Mayor and Council may enter into an employment agreement with the Chief setting forth the terms and conditions of his/her employment, including compensation, health benefits and time-related benefits, such as sick and vacation time. Any employment agreement between the Borough and the Chief shall be in writing, signed by the Chief and agreed to by resolution of the Mayor and Council.

Eligibility. Criteria for appointment and confirmation of new officers for the Dumont Police Department:

Must be a United States citizen;

No less than 18 nor more than 34 years of age, unless already a member of the Police and Firemen's Retirement System, then the applicant cannot exceed 64 years of age;

Must possess a valid New Jersey driver's license and be a resident of the State of New Jersey;

Is sound in body and of good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey as to his eligibility for membership in the retirement system;

Is able to read, write and speak the English language well and intelligently;

Is of good moral character, and has not been convicted of any criminal offense involving moral turpitude; and

Must possess a bachelor's degree from an accredited college or university.

In lieu of the college educational requirement, an applicant who has been honorably discharged from the United States Armed Services (Army, Navy, Air Force, Marine Corps or Coast Guard) will be accepted as an eligible applicant. Applicants who have served as a reservist in any of the above-mentioned military services who have completed four years of active-duty service shall be considered an eligible applicant for hire.

A member of the Dumont Police Reserve or a Dumont Police Department dispatcher or records clerk who has been a member/employee in good standing for at least 18 months shall be considered an eligible applicant for the Dumont Police Department irrespective of the requirement of a bachelor's degree.

An applicant who has a valid PTC certification or is enrolled in an Alternate Route Program shall be considered an eligible applicant for the Dumont Police Department.

Selection process.

The selection process for new officers in the Dumont Police Department shall be according to the following steps, in the order set forth herein.

Physical fitness examinations. The physical fitness assessment will be administered by an outside testing agency, under observation of the Bergen County or other authorized police academy, pursuant to existing policies and standards as promulgated by the appropriate State of New Jersey agencies and authorities. Before undergoing the physical fitness assessment, each police candidate will be required to provide a written medical report from his/her own private physician, based upon a physical examination not more than six months prior to the date of the report, certifying that the candidate is, in the physician's opinion, physically capable of performing rigorous physical activity consistent with law enforcement duties. The physical fitness portion of the procedure will be worth 20% of the score. No more than the top 50 candidates will advance to the written examination. An applicant who fails to reach the minimum standard as set by the testing agency shall be classified as having failed the exam and shall be ineligible to move on in the hiring process.

Written examination. The written examination shall be of such nature as will fairly assess a candidate's cognitive ability to perform as a police officer. The content and procedure will be determined and administered by the New Jersey State Association of Chiefs of Police or other third-party testing group as selected by the Dumont Chief of Police. The written examination shall be worth 30% of the candidate's overall score. No more than the top 25 candidates will advance to the agency oral interview portion of the procedure. Any candidate who fails the written examination shall be ineligible to move on in the hiring process.

Agency oral interview. The agency oral interview shall consist of a single oral interview of each candidate before an agency panel of not more than six representatives, appointed by the Chief of Police, including command and supervisory level personnel who will assign a numeric score between zero and 10 to each candidate's interview performance. Each panel member will individually and confidentially score the candidates, and the average of all panel scores will be the candidate's agency oral interview score. The agency oral interview shall be worth 10% of the candidate's overall score. No more than the top 15 candidates advance to the Police Agency/Police Committee interview portion of the procedure.

Police Agency/Police Committee oral interview. The interview panel will consist of the Police Committee and the Chief of Police. In the event of the inability of any member of the Police Committee to participate in the oral interview process, the governing body shall select a qualified member of its own number to participate instead. Each committee member will individually and confidentially score the candidates with a score from zero to 40, and the average of all panel scores will be the candidate's Agency/Committee score. The Agency/Committee interview process shall constitute 40% of the candidate's overall score.

The 10 top candidates based upon cumulative, aggregate score of all four phases of the qualification process will be ranked in descending order from one through 10. This candidate list shall be valid for 12 months from the establishment of the list by the Chief of Police. Scores for candidates 11 through 15 shall be held in abeyance in case the top candidates become unavailable for any reasons, and then the list shall be moved up that number of candidates. In the event of a tie score, both or all of the tied score candidates will be permitted to proceed to the next phase of testing.

Upon the ranking list completion, the number of candidates intended to be hired in the next round of hires shall be extended a conditional offer of employment. Acceptance of the conditional offer of employment shall allow candidates to continue in the process, but shall not obligate the Borough to extend an actual offer of employment. Candidates accepting the conditional offer will complete a preemployment background investigation application.

In lieu of the process set forth in Subsection H(1)(a) to (f) above, and irrespective of an existing list provided for in Subsection H(1)(e), the Dumont Police Department may alternatively consider hiring police officers who have completed or are more than halfway through the Alternate Route Program, or are currently employed by another municipal, county, or state police agency and hold PTC certification. Such a candidate, having already participated in a process comparable to the selection process described in § 75-6H(1), having previously graduated from an accredited police academy, having completed his or her period of probationary police service as a member of a municipal, county, or state police department and having already demonstrated his or her qualifications to the satisfaction of the Chief of Police, may, at the discretion of the Chief of the Dumont Police Department, proceed through an expedited selection process. Upon the recommendation of the Chief of Police, and concurrence by the Police Committee, the Mayor and Council may appoint by resolution such individual to be hired as a Dumont police officer, on salary terms and conditions to be determined by negotiation with the Chief of Police and the Police Committee.

In lieu of the process set forth in Subsection H(1)(a) through (f) above, and irrespective of an existing list provided for in Subsection H(1)(e), the Dumont Police Department may hire a Dumont Police Department dispatcher who meets the eligibility of § 75-6G(9) and who has completed the application as provided in § 75-6A(1). Such a candidate having already demonstrated his or her qualifications to the satisfaction of the Chief of Police may, at the discretion of the Chief of the Dumont Police Department, proceed through an expedited selection process. Upon the recommendation of the Chief of Police, and concurrence by the Police Committee, the Mayor and Council may appoint by resolution such individual to be hired as a Dumont police officer, conditioned on the following:

[Added 7-20-2022 by Ord. No. 1607]

The individual must submit to psychological testing and pass said psychological testing as provided in § 75-6J.

The individual must submit to and pass a physical examination conducted by the police physician pursuant to the terms and conditions as provided in § 75-6K.

The individual must have a proven record of good service for the Borough of Dumont during the time that said individual served as a dispatcher within the municipality.

The individual must successfully complete the background investigation in § 75-61.

The individual must successfully complete both the basic police officer training course at an approved school pursuant to N.J.S.A. 52:17B-66 et seq. and a probationary period as provided for in § 75-6L.

Background investigation.

The background investigation is designed to determine whether behavior patterns or events would preclude an applicant from successfully performing the duties of a Dumont police officer, and to confirm eligibility to carry a weapon and to access confidential information.

The background investigation will include, but not be limited to, the following:

Review of candidate's application to confirm eligibility for the position;

Employment, driver's license check to determine validity, military, education credit and family histories;

Fingerprint check for criminal background;

Confirmation of at least three personal references;

Drug/narcotic and alcohol use;

Confirmation of residency/citizenship;

Organization membership.

Candidates shall be checked against the New Jersey Central Drug and Domestic Violence Registries as part of the criminal background check, and will be directly questioned regarding any positive findings. Positive findings related to domestic violence, sexual assault, stalking, elder abuse or child abuse shall be rendered ineligible for further consideration in the hiring process. Candidates not meeting with all eligibility requirements as set forth in the Borough police policy will be disqualified from further consideration.

Candidates successfully completing the background investigation portion of the process shall continue into the psychological evaluation. Those not successfully completing the background investigation will not be further considered for employment.

Psychological evaluation.

All candidates for probationary officer positions will be subject to a psychological fitness examination by a psychologist/psychiatrist of the Borough/Department's choice at the Borough's expense. All candidates for a given round of eligibility/evaluation will be examined by the same psychiatric professional. Such examination will be authorized only after a conditional offer of employment is extended.

The psychological fitness examination results will be considered confidential personnel records and will be maintained in the individual candidate's medical file and treated as such, with access restricted accordingly.

A candidate who successfully completes the psychological evaluation shall continue in the process on to the physical medical examination. Any candidate failing the psychological examination portion of the process will be ineligible for further consideration.

Physical medical examination.

A medical examination will be performed on any candidate who has successfully completed the psychological evaluation and has been granted a conditional offer of employment. Said medical examination shall be satisfactory to meet the standards of the Board of Trustees of the Police and Firemen's Retirement System and shall be at a facility or by a physician of the Borough's choosing.

The physician and/or facility performing the examination shall review medical history, interview the candidate and perform a physical examination of each candidate to determine whether any conditions exist that are likely to interfere with the candidate's ability to perform the essential functions of a police officer. Each candidate for a given round of eligibility shall be examined by the same physician/facility. The physician shall be licensed to practice medicine by the appropriate board of the State of New Jersey.

As part of the physical examination, urine samples will be collected and analyzed by the New Jersey State Police Laboratory for use of drugs and alcohol. A consent form will be provided for signature by each candidate to authorize the collection and analysis of the samples. The consent form shall advise the candidate of the following:

A negative result, with an exception for legally prescribed medications to treat a current condition, is a mandatory condition of employment;

A positive result will eliminate the candidate from further consideration for employment; cause the candidate to be reported to the central drug registry of the New Jersey State Police; and preclude the candidate from consideration for law enforcement employment in New Jersey for at least the ensuing two years;

If the candidate is currently employed by another agency as a sworn law enforcement officer and the officer tests positive for drug use except as prescribed under the care of a licensed physician, the officer's employing agency will be notified of the positive result and that the officer will be subject to termination and permanently barred from future law enforcement employment in New Jersey; and

A refusal to submit to drug testing shall result in their no longer being considered for law enforcement employment in New Jersey.

A candidate who successfully completes the medical evaluation shall continue in the process. Any candidate who fails to successfully complete the medical evaluation shall be ineligible for further consideration for employment.

Appointment as a probationary officer.

Probationary officers duly appointed by resolution of the governing body shall serve a probationary period commencing on the date of appointment, and for 12 months following graduation from an approved police academy. The probationary period shall not exceed 18 months. Candidates possessing a PTC certification at the time of hire shall serve a twelve-month probationary period.

A police recruit/probationary officer must successfully complete basic training at the Bergen County Law and Public Safety Institute or other suitable New Jersey police training academy, as established by the Dumont Chief of Police.

The police recruit shall be required to complete the field training officer program as established by agency policy upon completion of police academy training.

§ 75-8 General duties and responsibilities of Chief of Police.

Upon successful completion of the field training officer program, the probationary officer will be assigned to the patrol squad to complete his/her probationary period.

§ 75-7 Definitions.

[Amended 9-14-2021 by Ord. No. 1591]

All terms used in this chapter shall have the definitions set forth in the rules promulgated by the appropriate authority.

[Amended 9-14-2021 by Ord. No. 1591]

Chief of Police.

Pursuant to N.J.S.A. 40A:14-118, the Mayor and Council may appoint a Chief of Police consistent with this chapter. The Chief of Police, if appointed, shall be the head of the Police Department and shall be directly responsible to the appropriate authority for its efficiency and day-to-day operations. Pursuant to policies established by the appropriate authority, the Chief of Police shall:

Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its members and officers;

Have, exercise and discharge the functions, powers and duties of the Police Department;

Prescribe the duties and assignments of all members and officers;

Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's direction and control; and

Report at least monthly to the appropriate authority in such form as shall be prescribed on the operation of the Police Department during the preceding month and make such other reports as may be requested by the appropriate authority or the governing body. (N.J.S.A. 40A:14-118).

Responsibilities of Police Chief.

Establish and maintain the efficient operation of the Department.

Organize, control and maintain all property and resources of the Department.

Develop the written organizational structure of the Department, including chain of command and duty assignments.

Develop and implement policies and procedures necessary to govern and direct the day-to-day operations of the Police Department.

Provide for the proper training of all Department employees.

Provide for periodic inspections of all police operations to insure compliance with Department rules, policies, and procedures.

Maintain the overall discipline of the Department.

(h)

Maintain a constructive relationship with the public, community organizations, the media and other law enforcement agencies.

(i)

Prepare and submit the annual budget and proposed expenditure programs to the appropriate authority or other designated officials.

(j)

Allocate funds within the budget which are appropriated by the governing body.

(k)

Provide for performance evaluations of all Department employees.

(l)

Issue such general, special or personnel directives as required to maintain order, discipline and law.

§ 75-9 Promotions.

[Added 12-18-2012 by Ord. No. 1449; amended 12-6-2016 by Ord. No. 1500; 6-12-2018 by Ord. No. 1545; 11-10-2020 by Ord. No. 1581; 12-1-2020 by Ord. No. 1582; 9-14-2021 by Ord. No. 1591]

Promotions within the Police Department shall be made from the membership thereof, consistent with the Department's promotional policy adopted and promulgated by the appropriate authority, with advice and consent of the Police Committee.

§ 75-10 Duties and role of police officers.

When there shall exist a vacancy, of such a length and/or nature, in the position of Sergeant, Lieutenant, Captain or Chief, which, in the sole opinion of the appropriate authority, must be filled to permit the efficient operation of the Police Department, the Police Committee may make an appointment to an "acting" position with the advice and consent of the Mayor and Council with said determination memorialized by resolution of the governing body.

Detective Bureau assignments. The Detective Bureau of the Borough of Dumont shall be composed of officers assigned to said Bureau by the Chief. The position of Detective within the Department shall not be considered a promotion but only a temporary alignment made by the Chief. It is considered a lateral move, and as such an individual may be transferred into the Detective Bureau or out of the Detective Bureau at any time.

General conduct.

Performance of duty. All employees shall promptly perform their duties as required or directed by law, Department rule, policy or directive, or by lawful order of a superior officer.

Action off duty. While off duty, police officers shall take appropriate action as needed in any police matter that comes to their attention within their jurisdiction as authorized by New Jersey law and Department policy.

Obedience to laws and rules. Employees shall obey and be familiar with all laws, ordinances, rules, policies, and procedures and directives of the Department.

Withholding information. Employees shall report any information concerning suspected criminal activity of others.

Reporting violations of law or rules. Employees knowing of other employees violating laws, ordinances, or rules of the Department, shall report same in writing to the Chief of Police through official channels. If the employee believes the information is of such gravity that it must be brought to the immediate, personal attention of the Chief of Police, official channels may be bypassed.

Insubordination. Employees shall not:

Fail or refuse to obey a lawful order given by a supervisor;

Use any disrespectful or abusive language or action toward a supervisor.

Conduct toward other Department employees. Employees shall treat other Department employees with respect. They shall be courteous and civil at all times in their relationships with one another: When on duty and in the presence of the public, officers shall be referred to by rank.

Compromising criminal cases. Employees shall not interfere with the proper administration of criminal justice.

Posting bail. Employees shall not post bail for any person in custody, except relatives.

Use of force. Employees shall follow Department policy and procedure on the use of force.

(11)

Fitness for duty. Police officers shall maintain sufficient physical and psychological condition in order to handle the variety of activities required of a law enforcement officer.

(12)

Driver's license. Employees operating Department motor vehicles shall possess a valid New Jersey driver's license. Whenever a driver's license is revoked, suspended, or lost, the employee shall immediately notify the appropriate supervisor, giving full particulars.

(13)

Address and telephone numbers. Employees are required to have a telephone in the place where they reside. Change in address or telephone number shall be reported in writing to the appropriate supervisor within 24 hours of the change.

Orders.

Issuing orders.

Manner of issuing orders. Orders from a supervisor to a subordinate shall be in clear and understandable language.

Unlawful orders. No supervisor shall knowingly issue any order which is in violation of any law or ordinance.

Improper orders. No supervisor shall knowingly issue any order which is in violation of any Department rule, policy, or procedure.

Receiving orders.

Questions regarding orders. Employees in doubt as to the nature or detail of an order shall seek clarification from their supervisors through the chain of command.

Obedience to unlawful orders. Employees are not required to obey any order which is contrary to any law or ordinance. Responsibility for refusal to obey rests with the employee, who will be required to justify the refusal to obey.

Obedience to improper orders. Employees who are given any order which is contrary to Department rule, policy, or procedure must first obey the order to the best of their ability, and then report the improper order as provided.

Conflicting orders. Upon receipt of an order conflicting with any previous order, the employee affected will advise the person issuing the second order of this fact. Responsibility for countermanding the original order rests with the individual issuing the second order. If so directed, the latter order shall be obeyed first. Orders will be countermanded, or conflicting orders will be issued, only when reasonably necessary for the good of the Department.

Reports of unlawful or improper orders. An employee receiving an unlawful or improper order shall, at first opportunity, report in writing to the next highest ranking supervisor above the supervisor who issued the unlawful or improper order. Action regarding such a report shall be conducted by the Chief of Police.

Criticism of official acts or orders. Employees shall not criticize the actions or orders of any Department employee in a manner which is defamatory, obscene, or which tends to impair the efficient operation of the Department.

Police records and information.

Release of information. Employees shall not release any information nor reveal any confidential business of the Department to the public or the press except as provided in Department policy and procedure.

Department records. 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 appropriate supervisor, or under due process of law, or as permitted under Department policy and procedures.

Reports. No 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.

Gifts, rewards, etc.

Soliciting or accepting benefits. Employees shall not directly or indirectly solicit, accept or agree to accept any benefit not allowed by law to influence the performance of their official duties.

Rewards. Employees shall not accept any gift, gratuity, or reward in money or other compensation for services rendered in the line of duty, except that which may be authorized by law and Department policy.

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

Alcoholic beverages and drugs.

Consuming alcoholic beverages before duty. Employees shall not consume alcoholic beverages within four hours prior to reporting for duty.

Being under the influence. Employees shall not report for duty under the influence of any alcoholic beverage.

Consuming alcoholic beverages on duty. Employees of the Department shall not consume any alcoholic beverage while on duty.

Exception. Employees while assigned to duty in civilian clothes may consume alcoholic beverages only if such consumption:

Is absolutely necessary in the performance of duty;

Has been approved by the appropriate supervisor; and

Does not render the employee unfit for proper and efficient performance of duty.

Consuming alcoholic beverages off duty in uniform. Employees shall not consume alcoholic beverages while off duty and in uniform or any recognizable component of the uniform.

Alcoholic beverage in police buildings. Alcoholic beverages shall not at any time be consumed in police buildings or facilities.

Supervisors' responsibility. Supervisors shall not assign to duty or allow to remain on duty any employee whose fitness for duty is questionable due to the use of alcohol or medication.

Possession of alcoholic beverages. Employees shall not have alcoholic beverages on their person while on duty or in uniform, nor in any Police Department building or vehicle, except for evidential or other authorized purpose.

Entering licensed premises. Employees in uniform shall not enter any licensed premises where alcoholic beverages are sold or stored, except in the performance of duty and in compliance with Department policy.

Taking medication on duty. Employees of the Department shall not take any medication which may diminish their alertness or impair their senses prior to or after reporting for duty unless directed by a physician.

(11)

Notification about medication. When employees are required to take any prescription medication or any nonprescription medication which may diminish their alertness or impair their senses, the employee shall notify their supervisor as to the medication required, its properties, the dosage and the period during which the employee is required to take the medication. The required notification shall be made prior to the employee reporting for duty. This information so provided shall be confidential.

Duty conduct.

Reporting for duty. Employees shall report for duty at the time and place specified, properly uniformed and equipped.

Absence from duty. An employee who fails to appear for duty at the date, time, and place specified without the consent of competent authority is absent without leave. Supervisors shall immediately report to their superior in writing any employee who is absent without leave.

Prohibited activity on duty. Employees who are on duty are prohibited from engaging in activities which are not directly related to the performance of their duty (e.g., sleeping, conducting private business, gambling).

Smoking while on duty. Employees shall not smoke except in authorized areas. Employees shall not smoke on duty while in direct contact with the public.

Distractors. The use of any item or object that distracts an employee from the performance of duty other than equipment authorized by the Department is prohibited while on duty.

Relief. Employees are to remain at their assignments and on duty until properly relieved by other employees or until dismissed by competent authority.

Meals. All meals are to be consumed within authorized areas, subject to modification by the supervisor.

Training. Employees shall attend training at the direction of the appropriate supervisor. Such attendance is considered a duty assignment, unless the prevailing collective bargaining agreement provides otherwise.

Inspections. Employees directed to attend full dress inspections shall report in the uniform prescribed, carrying the equipment specified. Unauthorized absence from such inspection shall be considered absence without leave.

Uniforms. Appearance and identification.

Regulation uniforms required. All police officers and uniformed civilians shall maintain uniforms prescribed in Department policy and procedure. Uniforms shall be kept neat, clean, and well-pressed at all times.

Manner of dress on duty. Employees shall wear the uniform or civilian clothing on duty as prescribed by Department policy and procedure for the employee's current assignment.

Wearing jewelry on duty. Police officers on duty shall not wear loose-fitting jewelry which may be grasped during a struggle or which can inflict injury or retard the mobility of the officer. This provision shall not prohibit nonuniform officers on duty from wearing jewelry appropriate for the conditions of their current assignment in accordance with Department policy.

Personal appearance. Employees, while on duty, shall be neat and clean in person, with uniform or clothes clean and pressed. This provision shall not prohibit nonuniform officers on duty from dressing appropriately for the conditions of their current assignment in accordance with Department policy.

Wearing or carrying identification. Employees shall wear or carry their Department identification at all times, provided that it is practical under the circumstances.

Identification as police officer. Except when impractical or where the identity is obvious, police officers shall identify themselves by displaying the official badge or identification card before taking police action.

Communications correspondence.

Restrictions. Employees shall:

Not use Department letterheads for private correspondence.

Only send correspondence out of the Department under the direction of the appropriate supervisor.

Forwarding communications. Any employee who receives a written communication for transmission to another employee shall forward same without delay.

Use of Department address. 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.

Telephones. Department telephone equipment may not be used for personal use without the express approval of a supervisor.

Radio discipline. Employees operating the police radios shall strictly observe the procedures and restrictions for such operations as set forth in Department policy and procedure and by the Federal Communications Commission.

Conduct toward public.

Courtesy. Employees shall be courteous and orderly in their dealings with the public. They shall perform their duties politely, avoiding profane language and shall always remain calm regardless of provocation.

Request for identification. Upon request, employees are required to supply their name and identification number in a courteous manner.

Impartiality. Employees shall not exhibit bias or favoritism toward any person because of race, sex, sexual orientation, creed, color, national origin, ancestry, influence or political affiliation.

Use of derogatory terms. Employees shall not use language that is derogatory to anyone because of race, sex, sexual orientation, creed, color, national origin, ancestry, or influence.

Affiliation with certain organizations prohibited. No employee shall knowingly become a member of any organization which advocates the violation of law, or which professes hatred, prejudice, or oppression against any racial or religious group or political entity, except when necessary in the performance of duty and at the direction of the Chief of Police.

Political activities.

Employees may contribute funds or any other thing of value to candidates for public office subject to the provision of law governing such contributions.

Employees shall not engage in any political activity while on duty, or while in uniform, or at any other time if to do so would conflict with their duties or impair their ability to perform their duties.

Employees shall not directly or indirectly use or attempt to use their official position to influence the political activity of another person.

Employees shall not engage in any polling duties except in the performance of their official duties.

Employees shall not display any political material on any government property or on their person while on duty or in uniform.

Judicial appearance and testimony.

Duty of employee to appear and testify. Employees shall appear and testify on matters directly related to the conduct of their office, position or employment before any court, grand jury, or the State Commission of Investigation.

Subpoena. Employees must attend court or quasi-judicial hearings as required by a subpoena. Permission to omit this duty must be obtained from the prosecuting attorney handling the case or other competent court officials.

Court appearance. When appearing in court on Department business, employees shall wear either the Department uniform or appropriate business attire.

Testifying for the defendant. Any employee subpoenaed to testify for the defense or against the municipality or Department in any hearing or trial shall notify the appropriate supervisor immediately upon receipt of the subpoena.

Department investigations. Employees are required to answer questions, file reports, or render material and relevant statements, in a departmental investigation when such questions and statements are directly related to job responsibilities. Employees shall be advised of, and permitted to invoke, all applicable constitutional and statutory rights, including consultation with their designated representative.

Truthfulness. Employees are required to be truthful at all times, whether under oath or not.

Civil action, subpoenas. Employees shall not volunteer to testify in civil actions arising out of Department employment and shall not testify unless subpoenaed. If the subpoena arises out of Department employment or if employees are informed that they are a party to a civil action arising out of Department employment, they shall immediately notify the appropriate supervisor.

Civil depositions and affidavits. Employees shall confer with the appropriate supervisor before giving a deposition or affidavit on a civil case relating to their police employment.

Civil action, expert witness. Employees shall not volunteer or agree to testify as expert witnesses in civil actions without the prior written approval of the County Prosecutor.

Civil process. Employees shall not serve civil process or assist in civil cases unless such service is approved by the appropriate supervisor.

§ 75-11 Personnel regulations.

[Amended 12-6-2016 by Ord. No. 1500; 9-14-2021 by Ord. No. 1591]

Hours and leave.

Hours of duty. Employees shall have regular hours assigned to them for active duty, and when not so employed they shall be considered off duty. Employees are subject to be recalled to duty as needed.

Scheduled days off. Employees are entitled to days off pursuant to appropriate collective negotiations agreements and are to take such days according to a schedule arranged by the appropriate supervisor.

Vacation leave. Employees are entitled to vacation days off pursuant to appropriate collective negotiations agreements, Department policy and procedure, and approval of the vacation schedule by the appropriate supervisor.

Other leaves. Employees are entitled to other leave as provided for in collective negotiations agreements, by law and by Department policy and procedure, subject to approval of the schedule by the appropriate supervisor.

Members of the Department unable to report for duty when so required, because of sickness or injury, shall report that fact to the supervisor in charge, who will notify the Chief of Police in written form.

Any employee of the Department taken sick or injured while on duty shall seek the appropriate medical attention/assistance as deemed necessary based on the severity of the sickness or injury.

Whenever a member of the Department shall notify headquarters that they are ill, and unable to report for duty, the Chief of Police may designate a physician to make examination of the employee, and report the nature of the sickness, or injury, and the probable length of time the employee will be absent from duty.

The physician designated by the Chief of Police to make examination of an injured or sick employee shall be allowed to visit the member whenever requested to do so.

Any member of the Department who shall be absent from duty for more than five consecutive work days, shall, upon request of the Chief of Police, submit a doctor's certificate showing the nature of the employee's illness or injury. Any expense incurred to the employee to secure said certificate shall be borne by the employee.

Sick leave. Sick leave shall be granted to an employee of the Department as follows.

(Reserved)

Employees receive 12 sick days annually through the year in which top step salary is reached and 15 days thereafter.

Sick leave shall be cumulative to the extent of 150 days plus the current year allotment but not in excess thereof.

When an employee is injured in the line of duty, said employee shall be excused from duty without loss of pay or sick leave time.

(11)

Terminal leave.

§ 75-12 Department property and equipment.

When an employee of the Department has served the required number of years set forth by the Police and Firemen's Retirement System of the State of New Jersey, said employee shall be entitled to six months' terminal leave, except if otherwise provided by the collective negotiations agreement in effect at the time of retirement.

Equipment on duty: employees shall carry all equipment on duty as prescribed in Department policy and procedure based on their assignment.

Care of departmental property and equipment. Employees are responsible for the proper care of departmental property and equipment assigned to them or used by them in the course of duty.

Use of departmental property and equipment. Employees shall not use any departmental equipment or property for personal pleasure or business without prior approval of the Chief Police.

Damaged or inoperable property and equipment. Employees shall not mark or deface any surface on any departmental equipment or property for personal pleasure or business without the prior approval of the Chief of Police.

Care of Department building. Employees shall not mark or deface any surface in any Department building or property. No material shall be affixed to any wall, locker or departmental property without the authorization of the Chief of Police or other supervisor.

Use of departmental vehicles. Employees shall not use any departmental vehicle without the consent of supervisor and in accordance with departmental policy and procedure.

Operation of departmental vehicles. When operating any departmental vehicle, employees shall not violate any traffic laws and shall operate said vehicle in accordance with departmental policy and procedure.

Transporting citizens. Citizens will be transported in departmental vehicles only in accordance with departmental policy and procedure.

Reporting transportations. All transportation of civilians shall be reported in accordance with departmental policy and procedure.

Reporting vehicle accidents. Accidents involving employees, departmental property, equipment and vehicles shall be reported in accordance with departmental policy and procedure.

Inspection. departmental property and equipment is and remains the property of the Department and is subject to entry and inspection without notice.

Liability. If Department property is damaged or lost as a result of misuse or negligence by an employee, that employee will be held liable to reimburse the Department for the amount of damage and loss and is subject to disciplinary action.

Surrender of departmental property:

Upon separation from the Department, employees are required to surrender all departmental property in their possession. If an employee fails to return a nonexpendable item, the employee will be required to reimburse the Department for the fair market value of the item(s).

Under suspension: Any employee under suspension shall immediately surrender their identification, badge, firearm and all other departmental property to the appropriate supervisor pending disposition of the suspension.

Conditions for suspension.

Members will not be suspended or suffer any loss of benefits until after they have had a Department hearing and have been found guilty of the charges, except in severe cases, when the Chief of Police may, at his/her discretion, initiate an emergency suspension with or without pay to the employee if one or more of the emergency conditions exist:

The employee is unfit for duty.

The employee is a hazard to any person if permitted to remain on duty.

An immediate suspension is necessary to maintain safety, health, order or the effective direction of public service.

An immediate suspension is warranted when an employee has been formally charged with a first-, second-, or third-degree crime, or a fourth-degree crime that is alleged to have been committed on duty or that is directly related to their job.

In addition, any supervisor may initiate an emergency suspension until the next business day, under any of the above conditions. The Chief of Police shall be notified immediately, through the chain of command, whenever such action is initiated. The Chief of Police will notify the appropriate authority and the Borough Administrator of any emergency suspension as soon as practical.

§ 75-13 Disciplinary action.

Complaints.

Charges against any employee who is alleged to have violated any departmental rule, or regulation must be filed in writing within 45 days of the date the person filing the charge obtained sufficient information to file the charge. A preliminary notice of discipline action form will be served on the member advising him/her of the natures of the charges, the date of the hearing of the charges and the possible penalties in the event that the charges are sustained. If a trial is ordered by the Mayor and Council, the officer or employee may be suspended until the termination of said trial. Any member of the department, when suspended, shall turn over to the Police Chief all equipment belonging to the Borough issued to such member.

In the event that any member shall be suspended pending hearing on charges, such hearing shall commence within 30 days, but not less than 10 days; otherwise, said charges shall be dismissed and said member will be returned to duty.

The appropriate authority or their designee will preside as the hearing officer. The Chief of Police or his/her designee will prosecute the complaint and provide all evidence and testimony supporting the complaint of alleged misconduct. Every member formally charged with the violation of a rule or regulation shall have the opportunity to testify in their own defense and cross-examine any witness who has testified against them. The hearing officer shall admit all testimony having probable value, but shall exclude any irrelevant or unduly cumulative testimony. No member shall be found guilty of violating a departmental rule or regulation, unless the hearing officer finds that a preponderance of credible evidence substantiates the specific charges cited in the preliminary notice of disciplinary action. The hearing will be recorded using either a sound recording or a stenographic recording. The hearing may be public or private, at the request of the person being charged.

Although a verbal verdict may be rendered at the time of the hearing, if the charges are sustained, the determination must be recorded on a final notice of disciplinary action form, which must be personally served on the member within 20 days. The imposition of any penalty will be postponed until the time limit for filing an appeal has elapsed.

Any member who has been found guilty of a violation of Department rule or regulation has the right to appeal. Appeals of major discipline will be made to superior court. Appeal of minor discipline will be made in accordance with the grievance procedure contained in the collective bargaining agreement.

No member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey Statutes and the Police Department's Rules and Regulations (N.J.S.A. 40A:14-127).

Disciplinary action. Employees, regardless of rank, shall be subject to disciplinary action, according to the nature or aggravation of the offense of:

Committing an offense punishable under the laws or statutes of the United States, the State of New Jersey or any other state, or municipal ordinances;

Failure, either willfully or through negligence or incompetence, to perform the duties of their rank or assignment;

Violation of any rule, policy, procedure, or directive of the Department; or

Failure to obey any lawful instruction, order, or command of a supervisor.

Repeated violations. Repeated violations of the rules of conduct shall be indicative of an employee's disregard for their duty and may be cause for dismissal. This shall apply regardless of the type or severity of the offense(s).

Disciplinary procedure.

Progressive discipline serves an important role in the process by which the Department deals with minor complaints of misconduct. A progressive discipline scale such as the following shall be implemented and modified by the Chief of Police as necessary:

Counseling.

Oral reprimand.

Written reprimand.

Monetary fine.

Transfer of assignment.

Suspension without pay.

Loss of promotion opportunity.

(h)

Demotion.

(i)

Dismissal.

Penalties shall be imposed on a case-by-case basis. In each case, the hearing officer should consider all the aggravating and mitigating circumstances surrounding the accused officer's behavior. The following penalty classification shall be used:

Class A offenses/suspension to dismissal.

Rule 1A: acceptance of bribes or gratuities for permitting illegal acts to otherwise influence official actions.

Rule 2A: failure to report, in writing, offers of bribes or gratuities to permit illegal acts or influence official actions.

Rule 3A: associating, fraternizing, or transacting business at any time or in any matters whatsoever with known criminals or persons engaged in unlawful activities.

Rule 4A: knowingly and willfully making a false entry in any departmental report or record.

[5]

Rule 5A: knowingly or willfully furnishing law enforcement computer information to unauthorized persons.

[6]

Rule 6A: improper use, handling or displaying of firearms.

[7]

Rule 7A: A probationary officer who produces a positive test result indicating unlawful drug use or who refuses to submit a urine sample will be dismissed from the training academy and his law enforcement position.

[8]

Rule 8A: Permanently appointed officers who produce a positive test result indicating unlawful drug use or who refuse to submit a urine sample will be dismissed from employment.

Class B offenses/counseling to dismissal.

Rule 7B: failure to comply with the Chief's orders, or directives or policies.

Rule 8B: failure to obey a direct order, either oral or written, issued by a superior officer.

Rule 9B: failure to supervise subordinates, recommend disciplinary charges or take appropriate other disciplinary action.

Rule 10B: knowingly issue an order which is in violation of any departmental rule, policy or procedure.

[5]

Rule 11B: failure to report knowledge of illegal activity in writing.

[6]

Rule 12B: soliciting for attorneys, bondsmen or other business persons or firms.

[7]

Rule 13B: reporting for duty under the influence of an alcoholic beverage or other illegal substance.

[8]

Rule 14B: allowing the escape of a prisoner or criminal suspect due to neglect or incompetence.

[9]

Rule 16B: neglect of duty or insubordination.

[10]

Rule 17B: participating in illegal gambling or associating with known illegal gamblers while on or off duty.

[11]

Rule 18B: engaging in abusive, differential or otherwise improper conduct towards a member of the public due to race, gender, ethnicity, religious affiliation or sexual orientation.

[12]

Rule 19B: subjecting any fellow officer to harassment or other abusive behavior due to race, gender, ethnicity, religious affiliation or sexual orientation.

[13]

Rule 20B: violating the confidentiality of all Department operations and internal business by providing information to unauthorized persons.

[14]

Rule 21B: unauthorized removal or official reports and documents from Police headquarters.

[15]

Rule 22B: willfully damaging departmental vehicles or equipment.

[16]

Rule 23B: failure to maintain a valid New Jersey driver's license.

Class C offenses/counseling to dismissal.

Rule 24C: failure to follow departmental procedures while conducting Police operations.

Rule 25C: failure to properly care for and safeguard departmental vehicles and equipment.

Rule 26C: violating the Department sick leave policy.

Rule 27C: failure to follow departmental procedures concerning the handling of evidence, personal effects and all property taken into custody.

Class D offenses/written reprimand to dismissal.

Rule 28D: absence without leave for less than five days.

Rule 29D: failure to report for duty at the time and place specified.

Rule 30D: failure to comply with personal grooming, police uniform and equipment regulations.