NORTH BERGEN .
POLICE DEPARTMENT
RULES
AND
REGULATIONS

---

..:f'

TOWNSHIP OF NORTH BERGEN
DEPARTMENT OF PUBLIC SAFETY
POLICE DEPARTMENT
LAW & PUBLIC SAFETY BUILDING
4233 KENNEDY BOULEVARD
NORTH BERGEN, NJ 07047

DEPARTMENT ORGANIZATION
REFERENCE GUIDE
DEPARTMENTAL RULES & REGULATIONS AND LABOR PROCEDURES
CONTENTS
CHAPTER

LAW ENFORCEMENT CODE OF ETHICS
CANONS OF POLICE ETHICS
FORWARD
INTRODUCTION .......... .... ..... .... ....... ... ............ ........ .. ......... .............. ...... ... ....... .... ........... .. ................ 1
ORGANIZATION ............................................................................................................................... 2
GENERAL RULES AND REGULATIONS ... .......................... .. .................... ............................. ...... ...... .. 3
PERSONNEL REGULATIONS ............................................................................................................. 4
DISCIPLINARY REGULATIONS .......................................................................................................... 5
RULES, CHARGES AND DISCIPLINARY ACTIONS ......... ....... .. ............................................................ 6
DRUG SCREENING ........................................ ...................................................... ............................. 7

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LAW ENFORCEMENT CODE OF ETHICS

AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve mankind,

to safeguard lives and property; to protect the innocent against deception, the
weak against oppression or intimidation, and the peaceful against violence or
disorder; and to respect the Constitutional rights of all men and women to liberty,
equality and justice.
I WILL keep my private life unsullied as an example to all; maintain

courageous calm in the face of danger, scorn, or ridicule; develop self-restraint;
and be constantly mindful of the welfare of others. Honest in thought and deed in
both my personal and official life, I will be exemplary in obeying the laws of the
land and the regulations of my Department. Whatever I see or hear of confidential
nature or that is in my official capacity will be kept ever secret unless revelation is
necessary in the performance of my duty.
I WILL never act officiously or permit personal feelings, prejudices, animosities

or friendships to influence my decisions. With no compromise for crime and with
relentless prosecution of criminals, I will enforce the law courteously and
appropriately without fear or favor, malice or ill will, never employing unnecessary
force or violence and never accepting gratuities.
I RECOGNIZE the badge of my office as a symbol of public faith, and I accept it

as a public trust to be held so long as I am true to the ethics of the police service.
I will constantly strive to achieve these objectives and ideals, dedicating myself
before GOD to my chosen profession ...... law enforcement.

IV

CANONS OF POLICE ETHICS

Committee of the International Association of Chiefs of Police, Inc.

Article 1

Primary Responsibility of Job

The primary responsibility of the police service and of the individual officer is the protection of
the people of the United States through the upholding of their laws; chief among these is the
Constitution of the United States and its amendments. The Law Enforcement Officer always
represents the whole community and its legally expressed will and is never the arm of any
political party or clique.
Article 2

Limitations of Authority

The first duty of a Law Enforcement Officer, as upholder of the law, is to know the restraints of
the law upon him/her while enforcing same. Because he/she represents the legal will of the
community, be it local, state or federal, he/she must be aware of the limitations and
proscriptions which the people, through the law, have placed on him/her. He/she must
recognize the genius of the American system of government, which gives no person, groups of
people or institution, absolute power, and he/she must insure that he/she, as a prime
defender of that system, does not pervert its character.
Article 3

Duty to be Familiar with the Laws and with Responsibilities of Self and
other Public Officials

The Law Enforcement Officer shall assiduously apply him/herself to the study of the principles
of the law which he/she is sworn to uphold. He/she will be certain of his/her responsibilities in
the particulars of their enforcement, seeking aid from his/her supervisors in matters of
technicality or principle when these are not clear to him/her. He/she will make a special effort
to fully understand his/her relationship to other public officials, including other law
enforcement agencies, particularly on matters of jurisdiction, both geographically and
substantively.
Article 4

Utilization of Proper Means to Gain Proper Ends

The Law Enforcement Officer shall be mindful of his/her responsibility to pay strict heed to the
selection of means in discharging the duties of his/her office. Violations of law or disregard for
public safety and property on the part of an officer are intrinsically wrong; they are selfdefeating in that they instill in the public mind a like disposition. The employment of illegal

v

means, no matter how worthy the end, is certain to encourage disrespect for the law and its
officers. If the law is to be honored, those who enforce it must first honor it.
Article 5

Cooperation with Public Officials in the Discharge of their Authorized Duties

The law Enforcement Officer shall cooperate fully with other public officials in the discharge of
authorized duties, regardless of party affiliation or personal prejudice. He/she shall be
meticulous, however, in assuring him/herself of the propriety, under the law, of such actions
and shall guard against the use of his/her office or person, whether knowingly or unknowingly,
in any proper or illegal action. In any situation open to question, he/she shall seek authority
from his/her superior officer, giving him/her a full report of the proposed service or action.
Article 6

Private Conduct

The law Enforcement Officer shall be mindful of his/her special identification by the public as
an upholder of the law. laxity of conduct or manner in private life, expressing either disrespect
for the law or seeking to gain special privilege, cannot but reflect upon the police officer and
the police service. The community and the service require that the law Enforcement Officer
lead the life of a decent and honorable person. Following the career of a police officer gives no
man special perquisites. It does give the satisfaction and pride of following and furthering an
unbroken tradition that will not degrade it. Rather, he/she will so conduct his/her private life
so that the public will regard him/her as an example of stability, fidelity and morality.
Article 7

Conduct Toward the Public

The Law Enforcement Officer, mindful of his/her responsibility to the whole community, shall
deal with individuals of the community in a manner calculated to instill respect for its laws and
its police service. He/she shall conduct his/her official life in such a manner that will inspire
confidence and trust. Thus, he/she will be neither overbearing nor subservient, as no
individual citizen has an obligation to stand in awe of him/her nor a right to command him/her.
The officer will give service where he/she can and require compliance with the law. He/she
will do neither from personal preference or prejudice, but rather as a duly appointed officer of
the law discharging his/her sworn obligation .
Article 8

Conduct in Arresting and Dealing with Law Violators

The law Enforcement Officer shall use his/her powers of arrests strictly in accordance with the
law and with due regard to the rights of the citizen concerned. His/her office gives him/her no
right to prosecute the violator or to mete out punishment for the offense. He/she shall, at all
times, have a clear appreciation of his/her responsibilities and limitations regarding detention
of the violator; he/she shall conduct him/herself in such a manner as will minimize the
possibility of having to use force. To this end he/she shall cultivate a dedication to the service
VI

of the people and the equitable upholding of their laws whether in the handling of law
violators or in dealing with the law-abiding.
Article 9

Gifts and Favors

The Law Enforcement Officer, representing government, bears the h~avy responsibility of
maintaining by his/her own conduct, the honor and integrity of all government institutions.
He/she shall, therefore, guard against placing him/herself in such a position whereby any
person can expect special consideration. Thus, he/she should be firm in refusing gifts, favors or
gratuities, large or small, which can, in the public mind, be interpreted as capable of
influencing his/her judgment in the discharge of his/her duties.
Article 10

Presentation of Evidence

The Law Enforcement Officer shall be concerned equally in the prosecution of the wrongdoers
and the defense of the innocent. He/she shall ascertain what constitutes evidence and shall
present such evidence impartially and without malice. In doing so, he/she will ignore social,
political, and all other distinctions among persons involved, strengthening the tradition of the
reliability and integrity of an officer's work.
The Law Enforcement Officer shall take special pains to increase his/her perception and skill of
observation, mindful that in many situations his/her sole impartial testimony to the facts of a
case.
Article 11

Attitude Toward Profession

The Law Enforcement Officer shall regard the discharge of his/her duties as a public trust and
recognize his/her responsibility as a public servant. By diligent study and sincere attention to
self-improvement, he/she shall strive to make the best possible application of science to the
solution of the crime, and in the field of human relationships, strive for effective leadership
and public influence in matters affecting public safety. He/she shall appreciate the importance
and responsibility of his/her office, and hold police work to be an honorable profession
rendering valuable service to his/her community and his/her country.

Vll

FORWARD

The Township of North Bergen Administrative Code delegates authority to and fixes
responsibility upon the Police Chief for the day to day functions of the Police Department.
Accordingly, the rules, procedures and policies cont~ined in this manual are adopted for the
government, discipline, administration, and disposition of the Police Department of North Bergen,
New Jersey, its police force, and the members thereof.
It is recognized that this manual cannot hope to prescribe the specific actions to be taken in
each situation encountered by individual police officers, or is this its intent. Its primary purpose is
to serve as a guide for all members of the Department.
Loyalty, courage, integrity, and ded ication to duty are all qualities expected of the
professional police officer.
However, thes e qualities in themselves are not sufficient.
Professionalism demands that services to the community always be paramount in the mind of each
police officer. Personal feelings must be sublimated in deference to the good of the community.
Just as the individual police officer must dedicate him/herself to the good of the
community, each commanding officer must, in addition, dedicate him/herself to the good of
his/her command and the Police Department. Initiative, efficiency, and self-reliance shall be
deemed prerequisites for command; weakness and evasion of responsibility will not be tolerated.
Individual commanders have been granted greater flexibility and authority for operations
and decision making within their commands. However, it must be understood that decentralization
imposes an attendant, proportionate increase in accountability. While commanders are
encouraged to demonstrate imagination, initiative and innovation, the exercise of these
prerogatives must not be undertaken on whim alone. Improved police service should be the prime
objective.
The attitudes and actions of subordinates reflect the character and ability of the
commander. In much the same way, community attitudes and actions are reflections of policecommunity contacts. Since any neglect or diversions from the proper performance of duty reflects
unfavorably upon the Department, it becomes incumbent upon each member to conduct
him/herself in an exemplary manner, maintaining the highest standards of performance the
people expect and deserve.
Therefore, the contents of this manual have been developed to guide and assist members
in reaching these goals. Adherence to these principles and guidelines by all members of the
Department will eliminate the need for disciplinary action, and will insure our acceptance by the
community as a truly professional Police Department.

Vlll

CHAPTER

1

INTRODUCTION

I

CHAPTER 1
INTRODUCTION
1:1 ESTABLISHMENT OF NORTH BERGEN POLICE
DEPARTMENT RULES AND REGULATIONS
1:1.1

Legal Authorization-

New Jersey Statute 40A:14-118, states:

The governing body of any municipality, by ordinance, may create and establish, as an executive
and enforcement function of municipal government, a police force, whether as a Department or
as a division, bureau or other agency thereof, and provide for the maintenance, regulation and
control thereof. Any such ordinance shall, in a manner consistent with the form of government
adopted by the municipality and with general law, provide for a line of authority relating to the
police function and for the adoption and promulgation by the appropriate authority of rules and
regulations for the government of the force and for the discipline of its members. The ordinance
may provide for the appointment of a chief of police and such members, officers and personnel as
shall be deemed necessary, the determination of their terms of office, the fixing of their
compensation and the prescription of their powers, functions and duties, all as the governing body
shall deem necessary for the effective government of the force. Any such ordinance, or rules and
regulations, shall provide that the chief of police, if such position is established, shall be the head
of the police force and that he shall be directly responsible to the appropriate authority for the
efficiency and routine day to day operations thereof, and that he shall, pursuant to policies
established by the appropriate authority:

A. Administer and enforce rules and regulations and special emergency directives for the
disposition and discipline of the force and its officers and personnel;

B. Have, exercise, and discharge the functions, powers and duties of the force;

C. Prescribe the duties and assignments of all subordinates and other personnel;

D. Delegate such of his authority as he may deem necessary for the efficient operation of the
force to be exercised under his direction and supervision; and

E. Report at least monthly to the appropriate authority in such form as shall be prescribed by
such authority on the operation of the force during the preceding month, and make such
other reports as may be requested by such authority.

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As used in this section, "appropriate authority" means the mayor, manager, or such other
appropriate executive or administrative officer, such as a full-time director of public safety,
or the governing body or any designated committee or member thereof, or any municipal
board or commission established by ordinance for such purposes, as shall be provided by
ordinance in a manner consistent with the degree of separation of executive and
administrative powers from the legislative powers provided for in the charter or form of
government either adopted by the municipality or under which the governing body
operates.
Except as provided herein, the municipal governing body and individual members thereof
shall act in all matters relating to the police function in the municipality as a body, or
through the appropriate authority if other than the governing body.
1:1.2

Township Ordinance.
The Department of Police is established by authority of Ordinance entitled, " Ordinance to
Establish a Day and Night Police to regulate the Manner of Their Appointment and Their
Duties" adopted December 20, 1923.
The power and duties of the Police Department are established by authority of said
ordinance, which directs that the Police Department shall:
A.

Preserve the public peace, prevent crime, detect and arrest offenders against the
penal laws and ordinances effective within the Township of North Bergen, suppress
riots, mobs and insurrections, disperse unlawful or dangerous assemblages, and
preserve order at all elections and public meetings and assemblages .

B.

Administer and enforce laws and ordinance to regulate, direct, control, and restrict
the movement of vehicular and pedestrian traffic and the use of streets by vehicles.
and persons, and to make rules and regulations, not inconsistent with the charter,
ordinance, and general law for such purpose.

C.

Remove all nuisances in the public streets, parks, and other public places; inspect and
observe all places of public amusement or assemblage and all places of business
requiring any state or municipal license or permit.

D.

Provide proper police attendance and protection at fires.

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-

1:1.3

E.

Enforce the laws and ordinances in effect within the Township and prevent the
violation of them by any person; apprehend and arrest all persons legally charged with
the violations of any law or ordinance.

F.

Provide for the attendance of its police officers or civilian employees in court as
necessary for the prosecution and trial of persons charged with crimes and other
violations of the law, and cooperate fully with the law enforcement and prosecuting
authorities of federal, state, and county governments.

G.

Operate a training program to maintain and improve the police efficiency of the
members of the Department.

Rules and Regulations Established.
The appropriate authority of the Township of North Bergen hereby adopts and
promulgates the Department Rules and Regulations, to be known as the "Township of
North Bergen Police Department 2014 Rules and Regulations.
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1:1.4

Right to Amend or Revoke.
For the good of the service, in accordance with New Jersey Statute 40a :14-118, the right is
reserved by the appropriate authority, as the representative of the governing body, to
revoke any of the rules, regulations, or procedures, or add thereto, as circumstances
require.

1:1.5

Previous Rules & Regulations.
All rules, regulations, procedures and orders previously issued, contrary to those embodied
in this manual are hereby revoked. All other rules, regulations, orders and procedures not
in conflict with those contained in this manual shall remain in force.

1:1.6

Application.
A.

Police policies and procedures, rules and regulations are applicable to all sworn
officers of the Department and where specified, to all civilian employees of the
Department.

4

B.

All existing Department al rules and regulations, orders and instructions in conflict
with these regulations are rescinded.
C. All general orders, directives, special orders (including those on Department al forms)
, and manuals not in conflict with these police regulations shall have the same authority
as police regulations.
D.

Police policy or general orders shall not be canceled, amended, or issued without the
approval and signature of the Chief of Police.

E.

Failure of an officer or employee either willfully or through negligence or
incompetence to perform the duties of his/her rank or assignment, or violation by an
officer or a civilian employee of any Department regulation or order, may be
considered sufficient cause for disciplinary action.
1:2 THE NUMBERING SYSTEM

1:2.1

Chapter and Section Designation.
Title and Arabic numeral shall designate each chapter, section and subsection .
numbering breakdowns shall be-arranged according to a decimal sequence.

1:2.2

All

Chapter and Section Sequence.
The number preceding the colon shall enumerate the chapter, while the number placed
immediately to the right of the colon shall indicate the section.

1:2.3

Subsection Sequence.
The number placed to the right of the decimal point, shall designate the subsection .

1:2.4

Series Lettering.
Letters listed in series under sections and subsections shall be enclosed within
parentheses.

1:2.S

Flexibility of System.
This system shall provide a simple and quick method of referral to material in this manual.
This format has been designed to make specific reference to particular sections or
subsections possible and to facilitate expansion and revision of the contents.

5

1:3 THE OPERATIONS MANUAL
1:3.1

Distribution of the Manual.
One copy of the Police Rules and Regulations shall be distributed to each police officer and
to certain civilian employees of the Police Department. Also, for reference purposes,
copies shall be distributed to the office of the Township Clerk, the Township Administrator,
Township Attorney and the governing body.

1:3.2

Responsibility for Maintenance.
All members and employees who are assigned a manual shall be responsible for its
maintenance and care. All manuals shall be kept current and supplementary pages
concerning additions, revisions, or amendments shall be promptly and properly inserted.

1:3.3

Familiarization.
Each police officer and each civilian employee is duty bound to thoroughly familiarize
him/herself with the provisions of the Rules & Regulations and the Operations Manual.
Failure to comply shall be considered neglect of duty.

1:3.4

Ignorance of Contents of Manual.
In the event neglect of duty is charged against a member for failure to observe the rules
and regulations, Department procedures or orders, ignorance of any provision of this
manual or any Department procedure or order, will not be accepted as an excuse.
1:4 DEFINITIONS OF TERMS

The terminology listed in this section has been defined to provide uniformity in usage and to clarify
meanings when these terms are used.
1:4.1

Acting
Serving temporarily in a position to which the member is not ordinarily assigned,
usually in a position of higher rank. All the authority, responsibilities and duties of
the officer in the higher position devolve upon the acting member.

6

1:4.2

Activity Report
A form on which members are required to record their work and official actions.

1:4.3

Annual Vacation
Vacation period granted to all members annually.

1:4.4

Appointing Authority
The director or commissioner of a police department or agency.

1:4.5

Authority
Authori.t y is the statutory or policy vested right to give commands, enforce obedience,
initiate action and make necessary decisions. Those so designated may delegate authority.
Acts performed without proper authority or authorization shall be considered in violation
of this manual and those persons in violation shall be subject to disciplinary action.

1:4.6

Bureau
A functional unit having jurisdiction-wide coverage, whose commanding officer reports
directly to the Chief of Police. Each Bureau consists of a number of divisions.

1:4.7 Captain
Captain of Police of the Department.
1:4.8

Chain of Command
The unbroken line of authority extending from the Chief of Police through a single
subordinate at each level of command down to the level of execution and vice versa.

1:4.9

Chief
Chief of Police of the Department.

1:4.10 Commanding Officer
Any rank of Lieutenant and above.
1:4.11 Contract
Agreement between the Township of North Bergen and Policeman's Benevolent
Association, Local 18 and Local 18A (Superior Officer's Association).

1:4.12 Days Off
Those days, determined by the Chief of Police, on which a given member is excused from
duty.

7

1:4.13 Department
Township of North Bergen Police Department.

1:4.14 Departmental Vehicle
Any vehicles (marked .and/or unmarked) assigned to the Police Department.
1:4.15 Deputy Chief
Deputy Chief of the Department.
1:4.16 Detail
A temporary assignment of personnel for a specialized activity.
1:4.17 Detective
A police officer assigned to conduct criminal investigations while in civilian clothing
or uniform, as directed.
1:4.18 Division
A component part of the organization having jurisdiction-wide coverage whose
commanding officer reports directly to the Chief of Police or Deputy Chief of Police.
1:4.19 Employee
Civilian employee of the Department.
1:4.20 Equipment
Items provided for personnel by contract and/or general orders.
1:4.21 Gender
The use of the masculine gender in any directive or manual includes the female gender,
when applicable.
1:4.22 General Order
Written directives issued at the Department level by the Chief of Police. General
Orders remain in full force and effect until amended, superseded or rescinded by the Chief
of Police. Departmental Orders establish policy, procedure, or regulations governing
matters which affect the entire Department. They are the most authoritative directive
issued in the Department and may be used to amend, supersede or rescind any other
order.

8

1:4.23 Headquarters
The police building that houses the headquarters staff and the members of this
Department.
1:4.24 Incompetence ·
Incapable of satisfactory performance of police duties.
1:4.25 Informational Bulletin
A bulletin containing information regarding wanted persons, property, crime patterns, and
other incidents calling for police attention, special notices, etc.
1:4.26 Instruction/Training Bulletin
Bulletins published and designed to keep officers of this Department abreast of
current police techniques and procedures. The bulletins and the ir presentation act
as a continuous training program and as a stimulus for further study. The
information contained therein constitutes official Department policy on the subject
matter under consideration in the absence of other instructions to the contrary.
1:4.27 Insubordination
Failure or deliberate refusal of any member or employee to obey a lawful order
given by a superior officer. Ridiculing a superior officer or his/her order, whether in or out
of his/her presence, is also insubordination . Disrespectful, mutinous, insolent, or abusive
language directed toward a supervising officer is insubordination.
1:4.28 Investigator I Detective
Patrol officer assigned to the Investigative Division.
1:4.29 Lawful Order
Any written or oral directive issued by a superior or supervisory officer to any subordinate
or group of subordinates in the course of police duty which is not in violation of any law,
ordinance or any Department rule or regulation.
1:4.30 Leave of Absence
The extended period of time during which a police officer is excused from active duty and
during which time he/she does not receive compensation pursuant to New Jersey Civil
Service regulations.
1:4.31 Lieutenant
Lieutenant of Police of the Department.

9

1:4.32 May/Should
As used herein words may and should shall mean that the action indicated is
permitted.
1:4.33 Member
Any duty sworn police officer of the Department.
1:4.34 Memoranda
Information bulletins that are primarily designed to inform and secondarily to direct issues
to Departmental and divisional levels. Such memoranda are not official orders, but
express the thinking of the issuing authority on the subject under consideration.
1:4.35 Military leave
The period of time during which a member is excused from duty by reason of
serving the armed forces of the United States in an active capacity as provided by law.
1:4.36 Neglect of Duty
Failure to give suitable attention to the performance to duty. Examples include, but are
not limited to: failure to take appropriate action on the occasion of a crime, disorder,
or other act or condition deserving police attention; absence without leave; failure to
report to duty at the time and place designated; unnecessary absence from the beat during
a tour of duty; failure to perform duties or comply with provisions prescribed in the
Police Manual; failure to conform to the Department operating procedures.
1:4.37 Off Duty
The status of a member during the period he/she is free from the performance of
specified duties. Also may be known as rest period, day off, or an annual leave.
1:4.38 Official Channels
Through the hands of the superior officers in the chain of command.
1:4.39 On Duty
The status of a member during the period of a shift when he/she is actively engaged in the
performance of his/her duties. Technically a police officer is subject to call at all times.
1:4.40 Order
Any written or oral directive issued by a superior or supervisory officer to any
subordinate or group of subordinates in the course of police duty.
1:4.41 Patrol Officer
Any member of the Department below the rank of Sergeant.

10

1:4.42 Personnel Orders
Appointment, assignment, or any other status change of personnel within the
Department are accomplished by Department Personnel Orders issued by the Chief of
Police. Division Commander can issue with the approval of the Chief of Police.
1:4.43 Police Incident
An occurrence or incident suggesting or requiring police action or service by its members.
1:4.44 Police Officers
All sworn members of the Department.
1:4.45 Policy and Procedures
Written directives issued by the Chief of Police. Policy and Procedures remain in full force
and effect until amended, superseded, or rescinded by the Chief of Police.
1:4.46 Post/Zone
A geographical area of coverage by a police officer.
1:4.47 Probationary Police Officer
One year period from date of appointment including attendance at the Police Academy.
1:4.48 Procedure
The act or manner of proceeding in any action or process; conduct.
1:4.49 Rules and Regulations
Detailed directives binding members and employees of all ranks in terms of authority,
responsibility and conduct.
1:4.50 Section
A functional unit (Administrative/Operations) under the immediate direction of the Chief
of Police. It may be commanded by any rank, depending on its size and the nature and
importance of its function.
1:4.51 Section Commander
The supervisory officer in charge of a section.

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1:4.52 Seniority
Seniority in the Department is established first by rank and second by time served in rank,
whether on a regular, assigned or temporary basis. Where conflict occurs because of
identical service or dates of appointment, the member with the higher position on the
appointment eligibility list from which the appointments were made, is deemed to be the
senior. In situations requiring decision or control where the officers are of equal rank, the
senior will make the decision and exercise control unless otherwise directed by a higherranking command or supervisory officer.
1:4.53 Shall/Will
The words shall and will, as used herein, shall indicate that the action required is
mandatory.
1:4.54 Shift
Any assigned tour of duty as per existing contracts.
1:4.55 Sick Leave
The period of time during which a member is excused from active duty by reason of illness
or injury.
1:4.56 Special Duty
Police service the nature of which requires that the member be excused from the
performance of his/her regular duties.
1:4.57 Special Orders
Written directives issued by an officer having a rank of Sergeant or above. They specify
instructions governing particular situations. Special orders are automatically cancelled
when their objectives are achieved.
1:4.58 Special Police
Persons vested with special police authority but not members of the Department.
1:4.59 Subordinate
Members lower in rank than his/her supervisory officer.

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----------

1:4.60 Superior Officer
A person holding a rank higher than a patrol officer or investigator/detective.
1:4.61 Supervisory Officer
Member of the Department assigned to a position requiring the exercise of immediate
supervision over the activities of other members and employees.
1:4.62 Suspension
The act of temporarily denying a member or employee the privilege of performing his/her
duties and relieving him/her from duty with or without pay for a specified period involved,
in consequence of alleged dereliction or violation of Department regulations.
1:4.63 Tense of Words
The words used in the present tense include the future.
1:4.64 Tour of Duty
The number of days of work on a given shift during which an individual member is on duty.

1:4.65 Training Bulletin
Bulletins published and designed to keep officers of the Department abreast of current
police techniques and procedures. The bulletins and their presentation act as a continuous
training program and as a stimulus for further study. The information contained therein
constitutes official Department policy on the subject matter under consideration in the
absence of other instruction to the contrary.
1:4.66 Uniform
Prescribed or regulation uniform worn by members of the Township of North Bergen Police
Department.
1:4.67 Unit
Smallest component part subordinate to a section.

13

CHAPTER

2

ORGANIZATION

14

2:1 ORDER OF RANK

2:1.1

Rank and Seniority
When officers are of the same grade, they shall rank according to their seniority
determined by time in rank. When two or more officers are appointed to the same grade
on the same day, each shall rank according to this respective position on the eligibility list,
and the officer with the higher position on the eligibility list shall be given the lower
Departmental identification number, which shall be determinative of seniority in
accordance with Section 1:4.52 of these Rules.

2:1.2

Rank Established
Rank in the North Bergen Police Department is established by municipal resolution, shall
descend in the following order:
A.

B.
C.
D.
E.
F.

G.

Chief of Police
Deputy Chief
Captain
Lieutenant
Sergeant
Detective (assignment)
Patrol Officer

2:2 UNIT RESPONSIBILITIES

2:2.1

Office of the Chief
The Chief of Police is responsible for the general direction, control and supervision of the
Police Department as authorized and provided for by statute, ordinance, and these rules.

2:2.2

Patrol Division
The Patrol Division Commander is responsible for directing and controlling and the
supervision of all personnel and areas of responsibility assigned to this division by the Chief
of Police. The areas of responsibility and personnel assigned to the division will be clearly

15

outlined in a written job description and indicated on the Department's Table of
Organization Chart, approved by the Chief of Police.
2:2.3

Investigative/Detective Division

The Investigative Division Commander is responsible for the direction, control and
supervision of all personnel and areas of responsibility assigned to this division by the Chief
of Police. The areas of responsibility and personnel assigned to the division will be clearly
outlined in a written job description and indicated on the Department's Organizational
Chart, approved by the Chief of Police. This division is responsible for the following
functions:

A. Follow-up investigations of serious crimes
B. Preparation of cases for prosecution
C. Recovery of stolen property
D. Performance of all identification functions
E. Prevention and control of juvenile delinquency
F. Processing of juvenile offenders
G. Maintaining liaison with juvenile courts
H. Cooperating with all other law enforcement agencies in the investigation and
detection of crime
I. Investigating reports of, and seeking to locate, missing persons
J. Such other duties as may be assigned to it by the Chief of Police
2:2 .4

Administrative Services Division

The Administrative Services Division Commander is responsible for direction, control and
supervision of all personnel and areas of responsibility assigned to this division by the Chief
of Police. The areas of responsibility and personnel assigned to the division will be clearly
outlined in a written job description and indicated on the Department's Table of
Organization Chart, approved by the Chief of Police.
The Support Services Division Commander shall be responsible for:
A.

Security of police records and other data submitted to the custody and control of
the Records Division

B. Directing subordinates and civilian employees assigned to the Records Division in
the proper performance of their assigned duties

16

C. Distributing reports and other data to the proper division and agencies

D. Preparing annual crime statistics and submitting them to the FBI, State Police or
other official agencies as required and continuously advises administrators,
investigative and patrol division commanders of the development of trends, M.O.'s,
special conditions or apparent inefficiencies disclosed by reports and records
2:3 COMMAND AND SUPERVISORY RESPONSIBILITIES AND AUTHORITY
2:3.1

Chief of Police - Authority and Responsibilities

The Chief of Police shall be the head of the Department and shall be the final Department
authority in all matters of policy, operations, and discipline and shall:

A.

Be directly responsible to the appointing authority for the efficiency and routine
day-to-day operations.

B.

Administer and enforce rules and regulations for the control, disposition, and
discipline of the Department and of its officers and employees.

C.

Administer procedures consistent with state law, for the hearing and
determination of charges of violation of Department rules and regulations by any
member of the police force.

D.

Have and exercise all of the functions, powers and duties to the force.

E.

Prescribe the duties and assignments of all subordinates and other personnel.

F.

Administer the work of the Department through the divisions established and
such other units of administration as he/she may find necessary or desirable.

G.

Assign functions, powers and duties to members and employees of the
Department.

H.

Delegate such of his/her powers as he/she may deem necessary for the efficient
administration of the Department to be exercised under his/her direction and
supervision by division heads.

I.

Report at least monthly to the appointing authority, in such form as shall be
approved by the governing body on the work of the Department during the
preceding month.

17

J.

Make recommendations for the appointment of officers and employees within
the Department.

2:3.2 Deputy Chief
The Deputy Chief shall rank next below the Chief of Police and shall be second in
command of the Department and shall assume the responsibilities of the Chief of Police in
his/her absence. The Deputy Chief shall:
A.

Assume the duties of the Chief of Police and during such period shall exercise
the same powers, perform the same duties, and be subject to the same rules
and regulations as the Chief of Police.

B.

Make such personal inspection of the Township at such irregular and unusual
hours as will be sufficient to keep him thoroughly informed of all the existing
conditions and to determine whether all members under his command are
efficiently performing their duties.

C.

Cause a daily record to be kept in Police Headquarters of all the transactions of
the Department.

D.

Report to the Chief of Police, in writing, all complaints against
subordinates in the Department made by citizens or other members of the
Department.

E.

At specified times, in his office, hold conferences with all the superior
officers under his command, and such other officers or clerks as he deems fit
for .t he purpose of discussing efficiency and cooperation for the mutual help and
better enforcement of the law and the prevention of crime.

F.

At certain specified times of the year make a complete report to the
Chief of Police as to the conduct and efficiency of all subordinate officers
subject to his supervision . Said reports shall include such recommendations
pertaining to changes in the personnel of his command as he may deem
advisable to the best interests of the Department.

G.

Be responsible for the conduct and efficiency of the Section and Divisions under
his command, for the condition and discipline of the members, for the care and
proper use of all apparatus and equipment, and for the proper carrying out of the
rules and regulations governing the Department.

18

H.

By personal inspection, made as often as practicable, see that the Divisions
under his command are kept at the highest point of morale; that the Department
property in his care is kept clean and in good repair and order; that all apparatus,
equipment and supplies are maintained in an efficient working condition and are

properly accounted for; that all duties required of his command are properly
performed; that the personnel are properly instructed in their duties and are
capable of carrying out the instructions properly, and; that all uniforms and
equipment of the members are neat and serviceable and of approved design.

2:3.3

I.

Promptly and fully investigate all violations of the rules and regulations of the
Department, or any neglect of duty that might come to their notice, and shall
make a prompt and full report thereon to the Chief of Police.

J.

Promptly report to the Chief of Police if he is, for any reason, unabie to
perform full duty.

K.

When in command of a shift, he shall make a full report of all pertinent events
occurring in the Department during each tour of duty to the officer in
command of the incoming shift.

Commanding Officer - Authority and Responsibilities
Subject to direction from higher command, a Division Commander has direct control over
all members and employees within his/her command . In ~~dition to the general and
individual responsibilities of all members and employees and supervisory officers, a
Division Commander is responsible for the following:
A.

Command
The direction and control of personnel under his/her command to assure the
proper performance of duties and adherence to established rules, regulations,
policies and procedures. Providing for continuation of command and supervision
in his/her absence.

B.

Loyalty and Esprit de Corps
The development and maintenance of esprit de corps and loyalty to the
Department.

C.

Discipline and Morale
The maintenance of discipline and morale within the command and the
investigation of personnel complaints not assigned elsewhere.

19

2:3.4

D.

Intra-Departmental Action
The promotion of harmony and cooperation with other divisions of the
Department. Initiation of proper action in cases not regularly assigned to his/her
command.

E.

Organization and Assignment
Organization and assignment of duties within his/her division to assure proper
performance of Department functions and those of his/her command.

F.

Reports and Records
Preparation of required correspondence, reports, and maintenance of records
relating to the activities of his/her command. Assurance that information is
communicated up and down the chain of command as required.

G.

Maintenance
Assurance that quarters, equipment supplies and material assigned to his/her
command are correctly used and maintained.

Police Captain - Authority and Responsibilities
Under supervision, may command a division, shift, squad or unit of the Department
and is responsible for the direction and control of personnel under his command
consistent with the authority delegated to him and in accord with these Rules and
Regulations . The Police Captain is responsible for the following:
A.

Analyzes and properly assigns the work of his unit, providing for the proper
protection of persons and property, the prevention of crime, enforcement of
the law, the apprehension, incarceration, and prosecution of law breakers.

B.

Provides sufficient supervision to assure that the work of his unit is carried out
in an efficient manner.

C.

Delegates such of his powers as may be deemed necessary to enable
subordinates to carry out their duties.

D.

Performs efficient inspection al services to see that all ranks of his command are
properly and effectively performing assigned work. Recommends or institutes
changes as necessary.

20

2:3.5

E.

Investigates or causes to be investigated, complaints regarding police service or
alleged infractions of Rules and Regulations; makes recommendations regarding
disposition of same, and; in minor infractions, disciplines subordinates.

F.

Police facilities and equipment, maintains or causes to be maintained necessary
records and files, and performs related work as required.

Police Lieutenant - Authority and Responsibilities
Under supervision, may command a division, squad or unit and is responsible for a shift,
detail, etc., or performs field or supervisory functions. The Police Lieutenant is
responsible for the following:
A.

Analyzes and properly assigns the work of his shift, detail, etc.

B.

Provides police assignments and instructions necessary to assure that the work
of the shift, detail, etc. is carried out in the most efficient manner.

C.

Delegates such of his powers as may be deemed necessary to enable
subordinates to properly effect their duties.

D.

Inspects the work of his shift, detail, etc., to assure that work standards are
adhered to.

E.

Initiates and directs criminal and non -criminal investigations; assures that
accountability is maintained .

F.

At such times as emergent action is requ ired, takes such actions as are
necessary to meet the emergency; makes or causes to be made all notifications
necessary to same.

G.

2:3.6

Prepares and directs the preparation of reports suitable to the required
accounting for each police action; performs related work as required.

Police Sergeant
Under direction, supervises and is responsible for the activities of field or headquarters
personnel, overseeing and taking part in police activities intended to provide order
maintenance, assistance and protection for persons and property, observance of law,
and the detection and apprehension of law violators. The Police Sergeant is responsible
for the following:

21

2:3.7

A.

Assign and instruct subordinates in police patrol methods and procedures,
investigation practices, and related law enforcement problems. Provides training
as needed. Leads subordinates by example .

B.

Directs criminal and non-criminal investigations; makes investigations regarding
improper police services or actions.

C.

Supervises technical aspects of some police operations.

D.

When necessary, takes proper police action against law violators.

E.

Visits and inspects police patrol units, assignments, posts, and sectors; noting
and correcting or reporting any conditions which require police attention.

F.

Directs the preparation of reports and maintains necessary reports and records;
performs related work as required.

Tour Commander - Authority and Responsibilities

The Tour Commander, during his/her tour of duty, exercises the same authority and has
the same responsibilities as his/her commanding officer, subject to higher authority. In the
absence of the Section Commander, the senior available member of the section is in charge
unless otherwise provided . In addition to the general and individual responsibilities of all
members and employees, the Section Commander is specifically responsible for the
following:
A.

Good Order
The general good order of his/her command during his/her tour of duty to
include proper discipline, conduct, welfare, field training and efficiency.

B.

Roll Call
Conduct of prescribed roll calls, communications and all orders, or other
information at roll call and inspection and correction of his/her command as
necessary.

C.

Reporting
Reporting as required by a commanding officer.

22

D.

2:3.8

Personnel Complaints
Inquiry into personnel complaints against members and employees under
his/her command in accordance with the provisions of this manual.

Supervisory Officers - Authority and Responsibilities

In addition to the general and individual responsibilities of all members and employees,
supervisory officers are specifically responsible for the following:
A.

Supervision
Closely supervise the activities of their subordinates, making corrections where
necessary and commendingwhere appropriate.

B.

Leadership
Provide on the job training as needed for efficient operation and coordination of
effort when more than one member or employee is involved.

C.

Direction
Exercise direct command in a manner that assures the good order, conduct,
discipline and may extend to subordinates outside their usual spheres of
supervision if the police objective or reputation of the Department so requires or
if no other provision is made for personnel temporarily unsupervised. This
authority shall not be exercised unnecessarily. If a supervisor requires a
subordinate other than his/her own to leave a regular assignment, the supervisor
so directing, will inform the subordinate's own supervisor as soon as possible.

D.

Enforcement of Rules
Enforcement of Department rules and regulations and requiring compliance with
the Department policies and procedures.

E.

Inspection
Inspection of activities, personnel, and equipment under their supervision and
initiation of suitable action in the event of a failure, error violation, misconduct,
or neglect of duty by a subordinate.

F.

Assisting Subordinates
Having a working knowledge of the duties and responsibilities of his/her
subordinates. Observing contacts made with the public by his/her subordinates
and being available for assistance or instruction as may be required. He/she shall
respond to calls of serious emergencies, crimes in progress, assaults, and others

23

unless actively engaged in a police incident. He/she should observe the conduct of
the assigned personnel and take active charge when necessary.

2:3.9

Detective (Assignment)
Under direction, is assigned to investigative or technical units and is responsible for
the investigation and clearance of criminal and noncriminal complaints, or other
duties which may be assigned because of a particular expertise.

A. Shall intelligently and thoroughly investigate each assignment, initiating
the investigation by prompt contact with the complainant.

B. Uses all legal means at his disposal to detect and solve crime and prosecutes
offenders, thoroughly investigating information received from any source.

C. Shall keep detailed day-to-day records of his investigations, acquainting
supervisors and interested units with information developed.
D. Must study and apply sound investigative techniques and improve his

efficiency by attention to:
1.
2.
3.
4.
5.

Use of records and reports;
Conduct of interviews;
Cultivation of informants;
Development of perceptive abilities; and
Proper collection, identification, analysis, preservation and
presentation of evidence.

E. Shall prepare all cases in a manner which insures the best possible
presentation in court.

F. Shall learn the rules of evidence, court procedure, and the art of
testifying, which makes for an effective witness. He shall also
cooperate with the prosecution in trial preparation.

G. Notwithstanding his assignment, he shall provide an immediate
response to an emergent or observed need for police service.
H. When he/she shall be called upon to serve in a uniformed capacity, he/she shall
be governed by all rules pertinent to his regular assignment and those
governing uniformed police officers.

24

2:3.10 Patrol Officer - Responsibilities and Duties
Patrol Officers are responsible for performing a variety of duties related to the protection
of life and property, enforcement of criminal and traffic laws, prevention of crime,
preservation of the public peace, and the apprehension of criminals. They will
perform these duties as prescribed in Department orders and as directed by their
supervisors. In addition to these and the general and individual responsibilities of all
members and employees, Patrol Officers are specifically responsible for the following
responsibilities listed in chapter 2, section 10 and its subsections.
2:3.11 Police Mission
A Patrol Officer is responsible for the accomplishment of the police mission on his/her
beat. He/she shall constantly be alert for violations of the laws and ordinances and shall
make every effort to prevent breaches of the peace and offenses against persons and
property. He/she shall be held accountable for crime, accidents, disorders, and other
criminal conditions on his/her beat.
2:3.12 Reporting for Duty
He/she shall report promptly at the designated hour and place, in proper uniform for
assignment and inspection. He/she shall listen attentively to orders and instructions of
his/her superior officers and read such materials as are made available to him/her. He/she
shall make written memoranda of such information as necessary and shall immediately
proceed to his/her beat upon completion of these tasks.
2:3.13 Familiarization with Beat
A Patrol Officer shall thoroughly familiarize him/herself with his/her beat. He/she shall be
familiar with all public business offices and their entrances, exits, skylights, fire escapes,
and other possible means of escape. While making security checks of doors, he/she shall
familiarize him/herself with the locations of safes and night-lights. Changes in night-lights
will be particularly noticed.
2:3.14 Methods of Patrol
During his/her tour of duty, the Patrol Officer shall continuously patrol every part of
his/her assigned area, giving attention to and frequently rechecking locations where the
crime hazard is great. As far as possible, he/she shall not patrol his/her beat according to
any fixed route or schedule but shall alternate frequently and backtrack to be at the
location least expected.

25

2:3.15 Unlocked Buildings

2:3.16

A.

When a door or window is found open under suspicious or unusual circumstances on
any tour of duty, the Patrol Officer shall investigate and determine whether a burglary
or other crime has been committed. He/she shall notify Headquarters. The Shift
Commander or Radio Dispatcher shall dispatch sufficient Patrol Officers or
Investigators to the scene for support.

B.

Under circumstances indicating that an intruder is still inside a building, the officer
discovering it, shall immediately summon assistance and then stand guard. When the
assistance arrives, he/she may enter and search the building.

Field Interviews
When the occasion demands it, the Patrol Officer shall courteously but firmly, question
persons on the public streets as to their names, addresses, reason for being on the street,
and other matters relating to the circumstances. In all cases, good judgment and discretion
should be used in making a decision to arrest.

2:3.17

Ethical Standards
He/she shall conduct himself in accordance with high ethical standards, on and off duty,
and shall, by study and observation, become familiar with laws and ordinances and
improve techniques and ideas which will enable him/her to improve performance.

2:3.18 Maintenance of Equipment
He/she shall maintain all equipment assigned to him in functional and presentable
condition.
2:3.19

Vice Suppression
Uniformed officers shall give particular attention to places where vice violators might
congregate. They shall use every lawful means to suppress the illegal activities of such
persons, prosecute them, and require all such establishments to be in accordance with
municipal ordinances and state laws and shall report all violations.

26

2:3.20

Traffic Law Enforcement
Patrol Officers are charged with the enforcement of all provisions of local and state traffic
codes. Failure to take appropriate action in traffic violation cases is considered neglect of
duty. Appropriate action is defined as that action to preclude reoccurrence such as
issuance of a traffic summons, warning, etc.

2:3.21

Complaint Actions
A Patrol Officer shall carefully investigate all complaints on or near his/her beat which are
assigned to him/her or which are brought to his/her attention by citizens. He/she shall
take suitable action in those cases that come under his/her jurisdiction and inform
interested parties of the laws or ordinances relative to the particular complaint or incident.
If the legal remedy of the complaint is not within the jurisdiction of the Police Department,
he/she shall advise the complainant accordingly and refer him/her to the proper authority.

2:3.22

Preliminary Investigations
At the scenes of major crimes, subject to direction of higher authority, the first officer at
the scene, after it has been established that the perpetrator is no longer present, will begin
the preliminary investigation except in the case of homicide or apparent homicide. In
those instances, a member of the Investigative Division will be called to the scene
immediately. In all instances, members not assigned will not enter the premises nor
perform any actions which may interfere with the investigation or destroy evidence. In
cases of homicide, the first duty of the Patrol Officer is to guard the scene excluding all
unauthorized persons and to detain all witnesses for interview/interrogation.

2:3.23 Radio Failure
Patrol Officers shall pay strict attention to all regular radio transmissions. When they fail to
hear any radio transmissions or time signals for a period not to exceed thirty minutes, they
shall immediately call the dispatcher for a special test. If after three attempts, he/she fails
to receive an acknowledgement, he/she shall immediately contact the desk officer by
telephone. In case of radio trouble, the officer shall notify his/her section commander
and/or dispatcher of the nature of the trouble.

27

2:3.24

Civilian Employees

Civilian employees shall:
A.

Take appropriate action to perform the duties of their positions promptly, faithfully
and diligently.

B.

Exercise authority consistent with the obligations imposed by their position and in
conformance with the policies of the Department.

C. Be accountable and responsible to their supervisors for obeying all lawful orders.

D. Coordinate their efforts with other employees of the Department to achieve
Departmental objectives.

E. Conduct themselves in accordance with high ethical standards, on and off-duty.
F.

Strive to improve their skills and techniques through study and training.

G. Familiarize themselves with the area of authority and responsibility for the current

assignment.
H. Abide by all rules, regulations, departmental policies, procedures and directives
governing civilian employees.

I.

Perform all related work as required.

28

CHAPTER

3

GENERAL RULES AND REGULATIONS

29

3:1 PROFESSIONAL CONDUCT AND RESPONSIBILITIES

Standard of Conduct

3:1.1

Members and employees shall conduct their private and professional lives in such a
manner as to avoid bringing the Department into disrepute.

Loyalty

3:1.2

Loyalty to the Department and to associates is an important factor in Department morale
and efficiency. Members and employees shall maintain loyalty to the Department and
their associates as is consistent with the law and personal ethics.
3:1.3

Cooperation
Cooperation between the ranks and units of the Department is essential to effective law
enforcement. Therefore, all members are strictly charged with the establishing and
maintaining a high spirit of cooperation within the Department.

3:1.4

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.

3:1.5

General Responsibilities
Members shall at all times take appropriate action to:
A.

Protect life and property.

B.

Preserve the peace.

C.

Prevent crime.

D.

Detect and arrest violators of the law.

E.

Enforce all federal, state and local laws and ordinances within Department
jurisdiction.

30

3:1.6

Duty Responsibilities

Members of the Department are always subject to duty although periodically relieved of its
routine performance. They shall, at all times, respond to the lawful orders of superior or
supervisory officers and other proper authorities as well as calls for police assistance from
citizens. Proper police action must be taken whenever required. The administrative
delegation of the enforcement of certain laws and ordinances to particular units of the
Department, does not relieve members of other units from the responsibility of taking
prompt, effective police action within the scope of those laws and ordinances when the
occasion so requires. Members assigned to special duties are not relieved from taking
proper action outside the scope of their specialized assignment.
3:1. 7

Neglect of Duty

Members and employees shall not commit any act, nor shall they be guilty of any omission
that constitutes neglect of duty.
3:1.8

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, or supervisory officer. All
lawful duties required by competent authority shall be performed promptly as directed,
notwithstanding the general assignment of duties and responsibilities.
3:1.9

Questions Regarding Assignment

Members and employees in doubt as to the nature or detail of their assignment shall seek
clarification from their immediate supervisor.
3:1.10 Insubordination

Members or employees shall not commit acts of insubordination. This section prohibits
the following specific acts:
A.

Failure or deliberate refusal to obey a lawful order given by a superior or superior
officer.

B.

Any disrespectful, mutinous, insolent, or abusive language or action toward a superior
officer.

31

3:1.11 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.
3:1.12 Criticism of Official Acts or Orders
Members and employees shall not criticize the official actions, instructions, or orders of
any Department member in a manner which is defamatory, obscene, unlawful, or which
tends to impair the efficient operation of the Department.
3:1.13 Conduct Toward Superior, Subordinate Officers, Associates and Members of the
Governing Body
Members and employees shall treat superior officers, subordinates, associates and
Members of the Governing Body 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 shall be referred to by rank.
3:1.14 Manner of Issuing Orders
Orders from superior officer to subordinate shall be in clear, understandable language, civil
in tone, and issued in pursuit of Department business.
3:1.15 Unlawful Orders
No superior officer shall knowingly issue any order, which is in violation of any law or
ordinance.
3:1.16 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 an order that is contrary to federal or state law or
local ordinance. Responsibility for refusal to obey rests with the member. He/she shall be
required to justify his/her action.
3:1.17 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 in Subsection 3:1.19.

32

3:1.18 Conflicting Orders

Upon receipt of an order conflicting with any previous order or instruction, the member or
employee affected will advise the person issuing the second order of this fact.
Responsibility for countermanding the original instruction then rests with the individual
issuing the second order. If so directed, the latter command shall be obeyed first. Orders
will be countermanded, or conflicting orders will be issued only when reasonably necessary
for the good of the Department. Notice of countermanded or conflicting order, is to be
given to the officer issuing the original order, by the countermanding officer.
3:1.19 Reports and Appeals - Unlawful, Unjust, Improper Orders

A member or employee receiving an unlawful, unjust or improper order, shall at first
opportunity, report in writing to the Chief of Police through official channels. This report
shall contain the facts of the incident and the action taken. Appeals for relief from such
orders may be made at the same time. Intra-Department action regarding such an appeal
shall be conducted through the office of the Chief of Police.
3:1.20 Soliciting & Accepting Gifts, Gratuities, Fees, Rewards, 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 without written permission from the Chief of
Police. All solicitations must stay within the perimeters of Federal and State law,
directives from the NJ Attorney General and Hudson County Prosecutor's Office.
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 members or employees or any other
member or employee in any matter of police business, or which might tend to cast an
adverse reflection on the Department or any member or employee thereof. 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 Chief of
Police.

33

3:1.21 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 Departmental
employment except as may be specifically authorized by the Chief of Police.

3:1.22 Rewards
Members and employees shall not accept any gift, gratuity or reward in money or other
compensation for services rendered in the line of duty to the community or any person,
business or agency except lawful salary and that which may be authorized by law.
3:1.23 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 office of the Chief of
Police together with a written report expla ining the circumstances.
3:1.24 Intercession - Soliciting
Members and employees shall not solicit anyone to intercede with the Chief of Police,
Mayor or members of the Council in relation to promotion assignments, disposition of
pending charges, or findings in a Department trial or other related matter.
3:1.25 Persons and Places of Bad Reputation
Members and employees shall not frequent places of bad reputation, nor associate with
persons of bad reputation, except as may be required in the course of police duty.
3:1.26 Withholding Information
Members and employees shall not, at any time, withhold any information concerning
criminal activity.

34

3:1.27 Reporting Violations of Laws, Ordinances, Rules or Orders
Members and employees knowing of other members or employees violating laws,
ordinances, or rules of the Department, or disobeying orders, shall report same in writing
to the Chief of Police through official channels. If the member or employee believes the
information is of such gravity that it must be brought to the immediate personal attention
of the Chief of Police, official channels may be by-passed.

3.2 GENERAL CONDUCT
3:2.1

Prohibited Activity on Duty
Members and employees are prohibited from engaging in the following activities while on
duty with the exceptions as noted:

3:2.2

A.

Sleeping, loafing, idling.

B.

Recreational reading (except at meals) as defined by Department Policy and
Procedure.

C.

Conducting private business as per Policy and Procedure.

D.

Gambling, unless to further a police purpose.

Alcoholic Beverages and Drugs
A.

No member or employee of the Department will appear for, or be on duty, under
the influence of alcohol or drugs, or be unfit for duty because of their excessive
use.

B.

Members or employees of the Department, shall not drink any kind of intoxicating
beverage while on duty, or take any drugs not duly prescribed and necessary for
health at any time, except on special assignment authorized by the Chief of
Police.

C.

A member or employee of the Department taking a prescription drug, and later,
while on duty, suffers illness, may at the discretion of the Division Commander,
be excused without penalty.

35

D.

Intoxicating beverages may not be consumed at or in the police station.

E.

No member of the Department shall, at any time when in uniform, or any part
thereof, except in the performance of duty, enter any place in which intoxicating
liquor is served/sold, unless authorized by a superior officer.

F.

Members and employees shall not bring into or keep any intoxicating liquor or
drugs on Department premises except when necessary in the performance of a
police task. Liquor or drugs brought into Department premises in the furtherance
of a police task shall be properly identified and stored according to Department
policy.

G.

Members and employees shall not consume alcoholic beverages while in
uniform or any recognizable component of the uniform, even while off-duty.

H.

Members and employees shall not take any medication that may diminish their
alertness or impair their senses prior to or after reporting for duty unless
directed by a physician.

I.

3:2.3

When employees are required to take any prescription medication or any nonprescription medication that 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. This notification shall be by the prescribing physician . If the
medication is a non-prescription drug the employee shall make this notification.
The required notification shall be made prior to the employee reporting for duty.
This information provided shall be confidential.

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 Division
Commanding Officer. Absences without leave must be reported in writing to the Chief of
Police.

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3:2.4

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 avoiding unnecessary talking or movement.

3:2.5

Physical and Mental Fitness for Duty
Members shall maintain good physical and mental condition so that they can handle the
strenuous physical and mental contacts often required of a law enforcement officer. Those
officers suspected of being unable to perform their assigned duties because of restrictions
manifesting themselves because of poor physical or mental condition, shall be reported to
the Chief of Police, through the chain of command, for his/her actions.

3:2.6

Loitering
Members on duty or in uniform shall not enter theaters or other public places except to
perform a police-related task. Loitering and unnecessary conversation in such locations are
forbidden. Members and employees off duty and not on any official standby shall not
loiter in Police Department areas.

3:2. 7

Smoking While on Duty
Members shall not smoke on duty while in direct contact with the public nor when in
uniform in public view, except that smoking is permitted in public view at meal times at
which times it shall be as inconspicuous as possible .

3:2.8

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.

3:2.9

Suspending Patrol for Lunch or Coffee Break
A.

Members will be permitted to suspend patrol subject to immediate call at all
times, for the purpose of having one meal during their shift, only such period of
time shall be allowed, therefore, as is reasonably necessary. However, at no
time shall such member leave his/her assignment to go "out of service" for
such purpose, and shall arrange to suspend patrol, only at such time as it will
cause the least interference with his/her regular duties unless authorized by a
superior or supervisory officer.

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B.

Members are to arrange to take meals and coffee breaks at times during shift so not
more than one unit is at any one location at the same time unless
authorized by a superior or supervisory officer.

3:2.10 Training
Members shall attend in-service training in the theory and practice of law enforcement at
the direction of the Chief of Police or Commanding Officer. Such attendance is considered
a duty assignment.
3:2.11 Inspections
From time to time the Chief of Police may call for full dress inspections of the Department
or any part thereof. Members directed to attend such inspections shall report in the
uniform prescribed, carrying the equipment specified. Unauthorized absence from such
inspection is chargeable as absence without leave.
3:2.12 Courtesy
When meeting in public, members on duty shall conform to normal courtesy standards and
refer to each other by rank.
3:2.13 National Colors and Anthem
Uniformed members will render full military honors to the national colors and anthem at
appropriate times. Full military honors are the proper hand salute while at a position of
attention. Members and employees in civilian dress shall render proper civilian honors to
the national colors and anthem at appropriate times.
3:2.14 Possession of Keys
No member, unless authorized by his/her commanding officer, shall possess keys to any
premises, not his/her own, on or near his/her beat.
3:2.15 Address and Telephone Numbers
Immediately upon reporting for duty in a new division, members and employees shall
record their correct residence addresses and telephone numbers with the commanding
officer. 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 commanding

38

officer within 24 hours of the change. This shall be done in writing and within the specified
time whether the member or employee is working or on leave.

3.3 UNIFORMS, EQUIPMENT AND APPEARANCE
3:3.1

Regulation Uniforms Required
All members shall maintain regulation uniforms in accordance with Department policies
and procedures. Uniforms shall be kept neat, clean, and well pressed at all times.

3:3.2

Manner of Dress on Duty
Normally members will wear the duty uniform or civilian clothing on a tour of duty as
prescribed by Department policy and procedure; however, commanding officers may
prescribe other clothing as required by the nature of the duty that a particular member is
assigned.
Police Officers on duty shall not wear loose fitting jewelry that may be grasped during a
struggle or which can inflict injury or retard the mobility of the officer. This provision shall
not prohibit non-uniformed officers on duty from wearing jewelry appropriate for the
conditions of their current assignment in accordance with Department pol icy and
procedures.

3:3.3

Wearing or Carrying Badge
A member, when in uniform, shall wear the regulation badge on the outside of the
outermost garment over the left breast and always in sight. When not in uniform or off
duty, he/she shall carry his/her badge on his/her person.

3:3.4

Wearing of Name Plate
A member, when in uniform, shall wear the regulation nameplate on his/her uniform shirt,
dress jacket or outer jacket, whichever is outermost, in accordance with Department
instructions. Not to include raincoat.

3:3.5

Alternating Style of Uniform
Uniforms shall be made of the material and style prescribed in Police Department orders,
and such style shall not be altered or changed in any manner whatsoever, unless
authorized by the Chief of Police.

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3:3.6

Carrying Required Equipment When in Uniform
While on duty, members who are required to wear the specified uniform shall always carry
as full equipment as specified in Department policy and procedures.

3:3. 7

Equipment in Civilian Clothes
While on duty, members who are required to wear civilian clothes shall carry as full
equipment the following, unless otherwise directed by the Chief of Police:

3:3.8

A.

Badge

B.

Handgun and Ammunition (Department Issued or Approved)

C.

Handcuffs with key

D.

Police Department Identification Card

Carrying Equipment Off-Duty
When off duty, each member will carry or have in his/her immediate possession his/her
badge and the identification card provided that it is practical under the circumstances.

3:3.9

Civilian Clothing - Manner of Dress
Commanding officers may prescribe types of clothing when necessary to meet a particular
police objective. Employees permitted to wear civilian clothing shall conform to standards
normally worn by office personnel in private business firms, unless otherwise directed. The
Chief of Police must authorize any exceptions.

3:3.10 Equipment
All equipment must be clean, in good working order and conform to Department
specifications.

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3:3.11 Uniform and Equipment Damage Claim

Any claims for damage to clothing and equipment caused by performance of duty, shall be
made in accordance with current Department directives.
3:3.12 Personal Appearance

Every member and employee of the Department, while on duty, must at all times be neat
and clean in person, his/her clothes clean and pressed, and his/her uniform in conformity
with the rules and regulations. He/she shall as often as necessary, examine and clean
his/her equipment and keep it always in good serviceable condition. Male members and
employees shall conform to the following additional standards of appearance.

A.

Hair shall be evenly trimmed at all times while on duty. The maximum extension of
the hair outward from the top of the head will be two inches. The maximum
extension from the sides of the head shall be two inches, provided that hair shall be
gradually tapered so that it does not protrude outward beyond the top (upper helix)
· of the ear and so that it otherwise gives an overall even appearance. The hair shall at
no point extend downward more than a Yi inch beyond the hair line at the back of the
neck and in no event extend over the shirt collar in normal posture.

B.

Sideburns shall not extend below the bottom of the ear. The maximum width at the
bottom of the sideburns shall not exceed IX inch.

C.

A clean appearance is required except that mustaches are permitted. Mustaches
shall be neatly trimmed and shall not extend more than Yi inch below or to the sides
of the corner of the mouth. Mustache ends will not be waxed or twisted.

D.

Beards shall not be permitted.

E.

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

F.

The wearing of ornamental jewelry that may impede the officer in the performance of
his/her duty is forbidden without the written consent of the Chief of Police.

Exceptions to the above may be authorized by the Chief of Police.

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3:4 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.
3:4.1

Damaged - Inoperative Property or Equipment
Members and employees shall immediately report to their superior or supervisory officer
in writing of 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.

3:4.2

Care of Department Buildings
Members and employees shall not mar, mark, or deface any surface in any Department
building. No material shall be affixed in any way to any wall in Department buildings
without specific authorization from the Chief of Police.

3:4.3

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 commanding officer, except those areas designated as P.B.A. bulletin
boards. Under no circumstances will notices, pictures, etc. be posted that are degrading,
obscene, or considered detrimental to the good order of the Police Department. The Chief
of Police will make final judgment of improperly posted material.

3:4.4

Department Vehicles, Use
Members shall not use any Department vehicle without the permission of a commanding
officer. Department vehicles shall never be used for personal business or pleasure.

3:4.5

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

42

3:4.6

Emergency Calls and Use of Red Light and Siren
Members driving any Department vehicle when responding to emergency calls 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 same, they will
have safe control of their vehicle, especially when crossing street intersections where the
traffic signal lights are against them or where there are stop signs. They shall use the
emergency red lights and sound the siren on such calls and take the utmost precaution.

3 :4. 7

Transporting Citizens
Citizens will be transported in Department vehicles when necessary to accomplish a police
purpose . Such transportation will be done in conformance with Department policy or at
the direction of a commanding officer, immediate supervisor, or communications center.

3:4.8

Reporting Accidents
On duty accidents involving township personnel, property and equipment, must be
reported in accordance with Department procedures.

3:4.9

Presumption of Responsibility
In the event that township property is found bearing evidence of damage which has not
been reported, it shall be prima-facie evidence that the last person using the property or
vehicle was responsible.

3:4.10 Liability
All members shall be liable for negligence in the care, maintenance and safekeeping of
property and equipment. All Department al 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. Damaged or lost property may subject the responsible individual
to reimbursement charges and appropriate disciplinary action.

3:4.11 Personal Entertainment Devices
The use of portable radios, televisions and any other form of entertainment other than
equipment authorized by the Department are prohibited while on duty.

43

3:4.12 Equipment On Duty
Members shall carry all equipment on duty as prescribed fn Department policy and
procedure based upon their current assignment.
3:4.13 Equipment Off Duty
Members shall carry equipment off-duty as prescribed in Department policy and
procedure.
3:4.14 Use of Department Property and Equipment
Members shall not use any Department property or equipment for personal business or
pleasure. Department property shall include but not be limited to department desks,
lockers, vehicles, equipment cases, computers and phones.
3:4.15 Inspection of Property and Equipment
Department property and equipment is and remains the property of the North Bergen
Police Department and is subject to entry and inspection without notice.

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3:5 COMMUNICATIONS AND CORRESPONDENCE
3:5.1

Restrictions

Members and employees shall:

3:5.2

A.

Not use Department letterhead stationery for private correspondence.

B.

Only send correspondence out of the Department over the signature of, or for the
Chief of Police with his/her authorization.

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, unless withdrawn by the
officer initiating the communique. A member receiving a communication from a
subordinate directed to a higher command, shall endorse it indicating approval,
disapproval, or acknowledgement.
3:5.3

Department Address - Private Use Of

Members and employees shall not use the Department as a mailing address for private
purposes. The Department address shall not be used for any private motor vehicle
registration or driver license.
3:5.4

Telephones

Department telephone equipment may not be used for the transmission of messages
involving toll charges without the express approval of a commanding officer.
3:5.5

Radio Discipline

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

45

3:6 INVESTIGATIONS

3:6.1

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 these is assigned to the investigative 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 insure that appropriate action is
being taken or is initiated.
3:6.2

Responsibilities of Members Arriving at Crime Scenes
The first member to arrive at the scene of a crime or other police incident is responsible for
the following actions as they may apply to the situation:

3:6.3

A.

Summoning medical assistance and administering first aid as required preventing
further injury or loss of life.

B.

Arrest of violator(s}

C.

Security of the scene

D.

Conducting a preliminary investigation

Responsibilities of Assigned Members at Crime Scenes
The members officially assigned to perform the preliminary or other investigation of an
alleged crime or other incidents, are responsible for the duties in Section 3:6.2 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.

46

3:6.4

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. Upon
request, employees are required to supply their identification in a courteous manner.

3:6.5

Release of Information at Crime Scene
Unauthorized persons, including members of the press, shall be excluded from crime
scenes. The superior officer in charge of the investigation in accordance with Department
policy shall provide information to the press, which will not hinder or nullify an
investigation.

3:6.6

3:6.7

Confidential Information
. A.

Members and employees shall not reveal any confidential business of the
Department. They shall not impart confidential information to anyone except
those for whom it is intended, or as directed by their superior or supervisory
officer.

B.

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

C.

Contents of any Department record or report filed in the Police Department, shall
not be exhibited or divulged to any person other than a duly authorized police
officer, except on approval of the Chief of Police, or under due process of law, or
as permitted under Department regulations.

Compromising Criminal Cases
Members and employees shall not interfere with the proper administration of criminal
justice.
A.

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.

B.

Members and employees shall not attempt to have any traffic summons or
notice to appear reduced, voided, or stricken from the calendar; except in a lawful
manner prescribed by law or Court Rules.

47

C.

Any member or employee having knowledge of such action and failing to inform
his/her superior or supervisory officer thereof, shall be subject to disciplinary
action .
3:7 ARRESTS

3:7.1

Arrests

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

3:7.2

A.

The arresting officer shall employ only such force and necessary restraint to
assure the safety of other person, other police officer and him/herself.

B.

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/she must be firm, resolute, and energetic, exercising the
necessary means to perform his/her duty properly. When it is necessary to use
force, the circumstances shall be included in the arrest report of the case.

C.

The arresting officer is responsible for the safety and protection of the arrested
person while in his/her custody. He/she shall notify the transporting officers of
any injury, apparent illness, or other conditions which indicate that the arrested
person may need special care .

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.
3:7.3

Complaints by Members for Crimes Against Themselves - On/Off Duty

Members shall arrest perpetrators of crimes 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 his/her commanding officer.

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3:8 DETENTIONS
3:8.1

Custody of Prisoners

Members charged with the custody of prisoners shall observe all laws and Department
orders regarding this activity. Prisoners shall be kept securely, treated firmly and
humanely, and shall not be subjected to unnecessary restraint.
3:8.2

Transportation of Prisoners

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

A.

3:8.3

Prisoners requiring medical attention shall be transported to the appropriate
treatment center, and the transporting officers shall be responsible for the security
of the prisoners until properly relieved by an officer unless otherwise directed by a
superior or supervisory officer.

Use of Derogatory Terms

Members or employees shall:

3:8.4

A.

Neither speak disparagingly about anyone or use pejorative terms regarding ethnicity,
sexual orientation, race or minority group nor refer to them in insolent or insulting
terms of speech.

B.

Neither use uncomplimentary terms of speech when referring to any prisoner or other
person or willfully antagonize any person whom he/she comes in contact with.

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.
3:8.5

Recommending Attorneys 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.

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3:8.6

Acting as Bailor Prohibited
Members and employees cannot act as bailors for any person in custody except immediate
relatives and in no case where any fee, gratuity, or reward is solicited or accepted.

3:9 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.

3:9.1

Handling of Firearms
Police officers shall exercise caution and the utmost care in handling firearms on and offduty. Handling, carrying and care offirearms shall be consistent with Department Firearm's
Policy at all times.

3:9.2

Official Authorization of Firearms
The Chief of Police may authorize a police officer to carry a firearm other than the official
police firearm, providing that the police officer follows the steps prescribed herewith:

A.

He/she submits a written report through channels requesting permission to carry
a firearm.

B.

He/she restricts his/her selections of a firearm of an approved manufacturer.

C.

He/she submits to the superior officer in charge of firearms training for inspection
the firearm that he/she intends to carry in order to determine whether it meets
the same standards for safety and serviceability that apply to the official firearm.

D.

He/she submits the firearm for test firing and inspection upon his/her appearance
for scheduled firearms training.

E.

He/she carries the firearm only after he/she has secured the approval of the Chief
of Police and only during the time this approval remains in effect.

F.

He/she observes · and is bound by any part of or any section of the Operations
Manual which pertains to the official police firearm, and he/she understands that

50

these same regulations also apply to the use of any firearm which may be
authorized by the Chief of Police.

G.
3:9.3

Qualifications prior to carry.

Official Police Firearms
The official police firearm shall be the firearm designated by the Chief of Police. Carrying
personal firearms on duty or during emergencies is prohibited, unless otherwise authorized
by the Chief of Police.

3:9.4

On-Duty and Off-Duty Holsters
The official police firearm or authorized off duty firearm shall be carried only in
Department issued holsters or in authorized holsters which conform to Department
specifications.

3:9.5

Non-regulation Firearms Prohibited
Police officers who carry and employ firearms other than those that have been issued or
approved by the Police Department shall be subject to disciplinary action .

3:9.6

Tampering with Police Firearms
Department authorized firearms shall never be altered beyond manufacturers
specifications with the express permission of the Chief of Police. The superior officer in
charge of firearms training shall approve all repairs and adjustments to the official police
firearm. Police officers shall not use unauthorized molded grips, special-type grips, or pearl
handled grips. Police Officers shall not make any change in the trigger pull mechanism or
effect any other unauthorized alteration or addition . Grip adapters may be used in special
cases, but only after the police officerfirst has obtained the approval of the superior officer
in charge of the Firearms training.

3:9.7

Care of Firearms Off-Duty Outside Home
A police officer when off duty and outside his/her home, may keep his/her Department
issued service firearm or authorized off duty firearm holstered and on his/her person
readily available for necessary use. To avoid an accidental discharge, a police officer shall
not carry his/her firearm in his/her waistband or in any of his/her pockets, unless
holstered.

51

3:9.8

Care of Firearms Off-Duty at Home
A police officer shall keep his/her firearm in a secure place readily available in case of
emergency.

3:9.9

Discharge of Firearm Report
When a firearm is discharged by a police officer either in the performance of police duty or
accidentally, the police officer shall:

A.

Promptly notify the superior officer on duty in command of the occurrence.

B.

Be guided by the instruction of the Department policy.

3:9.10 Firing of the Weapon Under Other Circumstances
A police officer may fire his/her firearm to dispose of an animal that is dangerous or that is
seriously injured when other means of disposition are unavailable. However, this shall only
be done in accordance with Department Firearm's Policy.
3:9.11 Carrying Firearms - General
Police officers shall carry their official police firearm or authorized off duty firearm 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. 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.
3:9.12 Carrying Firearms - On Duty
Police officers in uniform shall carry their firearm in holsters attached to their uniform
belts. Investigators and other police officers not in uniform shall carry their firearm in
authorized holsters.
3:9.13 Loss of Firearm
Loss of the official police firearm through carelessness or neglect shall be deemed a serious
violation of Department regulations.

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3:9.14 Ammunition Issue

The Department without expense shall make the initial issue and the replacement of
ammunition for Department firearms 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.

3:10 PUBLIC ACTIVITIES
3:10.1 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.
3:10.2 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 people of the state and not against the
individual officer. All citizens are guaranteed equal protection under law. Exhibiting
partiality for or against a person because of race, color, national origin, religion, gender,
handicap, sexual orientation or ethnicity is conduct unbecoming an officer. Similarly,
unwarranted interference in the private business of others when not in the interests of
justice is conduct unbecoming an officer.
3:10.3 Disparaging Nationality, Race, Religion

Courtesy and civility toward the public is required of all members of the Department.
Members shall not use words that humiliate, disparage, demean, degrade, ridicule, or
insult a person because of his/her race, color, national origin, religion, gender, handicap,
sexual orientation or ethnicity.

53

3:10.4 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.
3:10.5 Subversive Organizations

No member or employee shall knowingly become a member of or connected with any
subversive organization except when necessary in the performance of duty and then only
under the direction of the Chief of Police.
3:10.6 Affiliation with Certain Organizations Prohibited

Upon written notice and approval of the Chief of Police, a police officer may become a
member of a fire or auxiliary corps or a first aid unit provided such membership does not
interfere with his/her obligation as a police officer. Police officers shall not affiliate
themselves with any organizations whose constitutions impose provisions that 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 services of the
United States or of this State, in time of war, in an emergency, or for or during any period
of training, or pursuant to or in conjunction with the operation of any system of selective
service.
3:10.7 Affiliation with Radical Group

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.
3:10.8 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 permission of the Chief of Police. Members and employees shall not allow their
names or photographs to be used in any commercial testimonial which alludes to their
positions or employment with the Department.

54

3:10.9 Public Appearance Requests
All requests for public speeches, demonstrations, and the like, will be routed to the Chief of
Police for approval and processing. Members and employees directly approached for this
purpose shall suggest that a party submit his/her request to the Chief of Police.

3:11 POLITICAL ACTIVITIES
3:11.1 Participating - Political Activities
No member of the Department shall, at any time when in uniform or any part thereof,
except in the performance of duty, participate in any form of political activity. No police
officer shall directly or indirectly use or seek to use his/her authority or official influence to
control or modify the political actions of another person.
3:11.2 Election to Public Office
Police officers may run for public office in accordance with New Jersey State Law, but may
not campaign nor engage in any activity connected with candidacy for such office during
any tour of police duty.
3:11.3 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.

3:12 JUDICIAL AND INVESTIGATIVE ACTIONS,
APPEARANCE AND TESTIFYING
3:12.1 Court Appearance
Attendance at a court or quasi-judicial hearing as required by subpoena, resulting from
Department employment, is an official duty assignment. Permission to omit this duty must
be obtained from the prosecuting attorney handling the case, or other competent court
officials. When appearing in court, either the official uniform or a business suit, sports
jacket or blazer, will be worn with a shirt and tie. Members shall present a neat and clean
appearance, avoiding any mannerism that might imply disrespect to the court.

55

3:12.2 Testifying for the Defendant
Any member or employee subpoenaed to testify for the defense in any trial, hearing, or
against the Township or Department in any hearing or trial shall notify his/her commander
upon receipt of the subpoena. The commander shall notify the Chief of Police.
3:12.3 Department Investigations -Testifying
Members or employees are required to answer questions by or render material and
relevant statements to a competent authority in a Department personnel investigation
when so directed.
3:12.4 Truthfulness
Members and employees are required to be truthful at all times whether under oath or
not.

3:12.5 Civil Action, Court Appearance - Subpoena
A member or employee shall not volunteer to testify in civil actions and shall not testify
unless legally subpoenaed. Members and employees shall accept all subpoenas legally
served. If the subpoena arises out of Department employment or if the member or
employee is informed that he/she is a party to a civil action arising out of Department
employment, he/she shall immediately notify his/her commanding officer of the service or
notification and of the testimony he/she 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.

3:12.6 Civil Depositions and Affidavits
Members and employees shall confer with their commanders before giving a deposition or
affidavit on a civil case. If a commander determines that the case is of importance to the
Township, he/she shall inform the Chief of Police before the deposition or affidavit is given.
3:12.7 Civil Cases
Members shall not serve civil process or assist in civil cases unless the specific consent of
the Chief of Police is obtained. They shall avoid entering into civil disputes, particularly
while performing their police duties, but shall prevent or abate a breach of the peace of
crime in such cases.

56

3:12.8 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/her office, position or employment before ariy
court or grand jury. Any member or employee failing or refusing to appear and testify
may be subject to removal from his/her office, position or employment.

57

CHAPTER
4

PERSONNEL REGULATIONS

58

CHAPTER 4
PERSONNEL REGULATIONS
4:1 GENERAL QUALIFICATIONS OF PATROL OFFICERS

Except as otherwise provided by law, no person shall be appointed as a member of the Police
Department unless he/she:

4:1.2

A.

Is a citizen of the United States and a resident of New Jersey and at least 18 years
of age.

B.

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/her eligibility
for membership in the retirement system.

C.

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

D.

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

E.

Has a minimum of a high school diploma or equivalent.

F.

Satisfies a complete background check including a medical and psychological
exam.

Appointment of Special Police Officers

Pursuant to R.S. 40A:14-146.6-146.18, the Chief of Police shall submit to the township
council recommendations for the appointment of special police officers as required for a
term not exceeding one year, or temporarily in case of emergency, or to perform special
duties. Such persons shall be known as special police officers. They shall be subject to the
rules and regulations of the police department, orders and directions of the Chief of Police.
Special police officers shall receive compensation as authorized by the township council at
the time of their appointment. The North Bergen Police Department shall authorize all the
duties and responsibilities of Special Police Officers by official Department policy.

59

4:2 OATH OF OFFICE

All new patrol officers and civilian employees, before their assignment to d-uty and prior to their
promotion of higher ranks, shall be required to take an oath of office as follows:
"I {name of patrol officer or employee) do solemnly swear I will support the
Constitution of the United States and the Constitution of the State of New Jersey,
and that I will faithfully discharge the duties of (state rank of position) of the
Township of North Bergen according to the best of my ability. So help me God."
4:3 PROBATIONARY PERIOD

Appointment of a patrol officer to the Police Department is for a probationary period of one year
after he/she has completed a police training course approved by the New Jersey Police Training
Commission. Continuation in the service is dependent upon the conduct of the appointee and
his/her fitness to perform his/her duties. At the termination of the probationary period, if the
conduct or capacity ofthe probationer has not been satisfactory, he/she shall be notified in writing
that he/she will not receive absolute appointment, and his/her services shall be terminated by the
Chief of Police without a trial. Reference : N.J.S.A. 11:22.6.
The probationary period may be extended up to one year in order to comply with the mandatory
training required under N.J.S.A. 52:17B-69.
4:4 DRIVERS LICENSE

Members and employees operating Department motor vehicles shall possess a valid New Jersey
driver license. Whenever a driver license is revoked, suspended or lost, he/she shall immediately
notify his/her commanding officer, giving full particulars.

4:5 OUTSIDE EMPLOYMENT

Prior to engaging in any outside business or employment, the member or employee shall request
permission to do so to the Chief of Police through channels in writing.

4:5.1

Permit for Off-Duty Employment
No member of the Police Department shall engage in any business or employment during
his/her off-duty hours without the approval of the Chief of Police. Members shall, at times,
to be designated by the Chief of Police, report all off-duty employment to the Department.

60

4:6 SURRENDER OF DEPARTMENT PROPERTY

Upon Separation from the Department

4:6.1

Members and employees are required to surrender all Department property in their
possession upon separation from the North Bergen Police Department. For a failure to
return a non-expendable item, the person concerned will be required to reimburse the
Department for the fair market value of the article.
4:6.2

Under Suspension

Any member under suspension shall immediately surrender his/her badge, handgun and all
other Department equipment requested, to his/her commanding officer pending
disposition of the case . Any employee under suspension shall immediately surrender all
Department or township property in his/her possession to the commanding officer of the
unit to which he/she is assigned.

4:7 COMPENSATION FOR DAMAGES OFF-DUTY
Members and employees who have sustained injury while off duty and who have received salary
from the Township while injured, shall notify the Chief of Police in writing of any intent to seek,
sue, solicit, or accept compensation as damages for such injury. This notice shall be filed before
any action is taken. It shall include the facts of the claim and the name of the respondent.

4:8 DUTY HOURS, DAYS OFF, VACATIONS
4:8.1

Hours of Duty

A.

Members of the Department shall have regular hours assigned to them for active
duty, and when not so employed, they shall be considered off-duty. They shall,
however, be subject to duty as needed.

B.

The fact that they may technically be off duty shall not be held as relieving
members from the responsibility of taking proper police action on any matter
coming to their attention at any time.

C.

Members of the Department who plan to consume alcoholic beverages while offduty should refrain from carrying a firearm. This does not relieve the member
from taking the minimum required police action, such as to notify on-duty police
personnel, requesting a response and being a witness.

61

4:8.2

Days Off
Members and employees are entitled to days off pursuant to appropriate collective
bargaining agreements that are to be taken according to a schedule arranged by the
respective commanding officers.

4:8.3

Suspension of Vacation, Day Off, or Leave of Absence
Any vacation, day off, or leave of absence may be suspended when a sudden and serious
emergency arises and when, in the judgment of the Chief of Police, such action be taken .

4:8.4 Absence from Duty for Five Days Continuously
Except as otherwise provided by law, any permanent member or o.fficer of such Police
Department and force who shall be absent from duty without just cause or leave of
absence, for a continuous period of five (S} days, shall cease to be a member of such Police
Department and force. (N.J.S.A. 40A:14-122}.

4:8.5

Selection of Vacation Period
Annual vacation periods shall be approved in accordance with the collective bargaining
agreement. Selection will be based upon seniority. When the accrued seniority in rank is
equal, the determining factor shall be the relative standing of the individual on the
appointing or promotional list.

4:8.6

Vacation Schedules
Vacation schedules shall be arranged by the commanding officers and coordinated with the
Chief of Police. The Chief shall determine the number of members who may be granted
vacation at a given time.

4:8. 7 Split Vacation
Split vacation periods may be granted to any member or employee of the Department,
providing permission has been obtained from his/her commanding officer. However, once
vacation periods have been selected, they shall be completed without interruption unless it
becomes necessary, by reason of emergency, to suspend them .

62

4:8.8

Exchange of Vacations or Tour Swaps
When mutually agreeable, any two members or any two employees may exchange their
vacation periods or days off, but may do so only with the approval of their commanding
officers.

4:8.09 Vacation Address
A report of a vacation address is not required from a member or employee whose vacation
has been approved, unless said vacation time exceeds 2 days.

4:9 SICKNESS AND INJURY LEAVE
4:9.1

Reporting Sick or Injured
Members and employees unable to report for duty because of sickness or injury shall make
an immediate report to their commanding officer or desk officer in person or by telephone,
but not less than one hour prior to the start of a tour of duty in accordance with
Department policy. If unable to report, a relative or other responsible person shall notify
the commanding officer or desk officer of all pertinent facts either in person or by
telephone .

4:9.2

Address of Confinement
Members and employees, when sick or injured, shall be responsible for notifying their
supervisors as to their places of confinement or of any subsequent change in their places of
confinement.

4:9.3

Sick or Injured on Duty
Members taken sick or injured on duty shall report the facts to their commanding officer
and shall remain on duty until relieved, unless excused by a superior officer. The exception
to this rule would be where the sickness or injury is disabling to the point of preventing
compliance.

4:9.4

Unauthorized Absence
Members or employees who absent themselves in an improper manner shall be subject to
disciplinary action being preferred against them. Unauthorized absence occurs when
members or employees:

63

4:9.5

A.

Are not at home or who are not at their place of confinement, while on sick leave,
when visited by a physician or a superior officer.

B.

Feign illness or injury.

C.

Deceive the physician in any way as to their true condition.

D.

Are injured or become sick as the result of improper conduct or of intemperate,
immoral, or vicious habits or practices.

E.

Violate any provisions concerning the reporting of sickness or injury.

Disability Leave

Whenever a full-time employee or officer of the Township is disabled through injury or
illness arising out of and in the course of his/her Township employment, and such injury
or illness is established by certification by the Township physician, such employee or
officer shall be granted leave of absence with pay for a period of 30 days or such
portion of 30 days as may be required .
4:9.6

Convalescent Time

Any officer on sick or injured leave will be confined to his/her home unless specifically
excused by the Township physician or if the Township physician is not available, by the
ranking superior officer at the time the request is made. If any officer is on sick or
injured leave for an extended time, the Department, with the approval of the Township
physician, has the right to place the officer on convalescent duty. This duty assignment
will be at the discretion of the Chief of Police.
4:10 LEAVE OF ABSENCE
4:10.1 Death in the Family

Members and employees will be allowed bereavement leave in accordance with the
stipulations covered in their collective bargaining agreement. Those employees not
governed by said agreement, shall be subject to township policy.
4:10.2 Authorized Leave of Absence Without Pay

Written request for leave of absence without pay for good and sufficient reason shall be
presented by the officer or employee through the Chief of Police to the Administrator who
may approve same if less than 30 days. If such leave of absence requested shall exceed 30
calendar days, such request shall be subject to approval by the appropriate authority.
64

Temporary, per diem, emergency or seasonal employees shall not be eligible for a leave of
absence without pay.
4:11 MILITARY LEAVE OF ABSENCE
4:11.1 Military Reserve Leave

A member or employee who is a member of the Organized Reserve of the Army of the
United States, United States Naval Reserve, United States Air Force Reserve, United States
Marine Corps Reserve, or other affiliated organization, shall be entitled to leave of absence
from duty without loss of pay or time on all days during which he/she shall be engaged in
field training. Such leave of absence shall be in addition to the regular vacation allowed
such member or employee (Source: N.J.5.A. 38:23-1}.
4:11.2 Enlistment or Re-enlistment in National or State Military Organization

Members and employees of the Department shall not enlist, re-enlist or accept a
commission in any federal or state military organization without having made prior
notification to the Chief of Police.
4:11.3 Extended Leave, {Surrender of Department Property)

Before reporting for extended military service, police officers of the Department shall
surrender all requested Department property held by them to their commanding officers.
4:11.4 Field Training Leave

Members or employees going on military leave for field training must notify the
commanding officer at least thirty (30} days before the date that their training period is
scheduled to begin . They must also submit copies of their official military orders at least
five (5) days prior to the date they are to report for duty.

65

4:12 DEATH AND INJURY NOTIFICATION
4:12.1 Death or Serious Injury

When a member is killed or seriously injured on or off duty, his/her immediate supervisor
will, as soon as possible, verbally notify the Chief of Police or the officer acting in the
Chief's absence. This will be followed by a written report no later than the following
workday. Information shall include the date, location, cause, extent of injuries, and
property damage. Serious injury in this instance means any injury that could result in death
or disability.

4:12.2 Death of Member or Employee

Any member or employee receiving notice of the death of any member or employee during
regular business hours, shall notify the Chief of Police and the commander of the deceased.
At other times, the officer in charge shall be notified and he/she shall relay such
information to the Chief of Police.
4:12.3 Non-serious Injury

In cases where the injuries are other than of a serious nature, a Written report will be
submitted as soon as practical following the incident, including all information required as
in 4:12.1. These reports are in addition to those accident and sick reports otherwise
required.
4:12.4 Notification of Family

The family of a member or employee killed or seriously injured on duty, shall be notified
immediately by the highest-ranking member available.

66

4:13 GRIEVANCE PROCEDURE

The Chief of Police shall recognize and deal with the members and employees of the Police
Department for the adjustment of any grievances that may arise in accordance with the
appropriate contracts. Those employees not subject to contract guidelines shall be governed
in accordance with township policy.

4:14 RESIGNATION
4:14.1 Resignation to be in Writing

All resignations of members or employees must be in writing and bear the signature of the
person resigning. Members or employees shall provide the Chief of Police not less than
fourteen (14) days written notice.
4:14.2 Resignation Prohibited While Charges are Pending

The employer retains the discretion to pursue disciplinary charges against an employee
even if he or she resigns while such charges are pending.

67

CHAPTER

5

DISCIPLINARY REGULATIONS

68

CHAPTER 5
DISCIPLINARY REGULATIONS

5:1 DISCIPLINARY ACTION

5:1.1

Disciplinary Action

Department members regardless of rank, shall be subject to disciplinary action, according
to the nature or aggravation of the offense, for violating their oath and trust by committing
an offense punishable under the laws or statutes of the United States, the State of New
Jersey, or municipal ordinances, or failure, either willfully or through negligence or
incompetence to perform the duties of their rank of assignment; or for violation of any
general order or rule of the Department; or for failure to obey any lawful instruction,
order, or command of a superior or supervisory officer. Disciplinary action in all cases will
be decided on the merits of each case. These rules and regulations, Department policy and
the NJ Attorney General Guidelines shall govern disciplinary action investigation for
internal investigations.
5:1.2

Establishing Elements of Violation

Existence of facts establishing a violation of the law, ordinance, or rule is all that is
necessary to support any allegation of such a basis for disciplinary action. Nothing in this
manual prohibits disciplining or charging members or employees merely because the
alleged act or omission does not appear herein, in the Department, or in laws and
ordinances within the cognizance of the Department.
5:2 PENALTIES

The following penalties may be assessed against any member or employee of the Department as
disciplinary action:

A.

Oral reprimand

B.

Written reprimand

C.

Voluntary surrender of time off in lieu of other action

69

D.

Suspension with or without pay

E.

Demotion

F.

Dismissal from employment

5:3 DEPARTMENT AUTHORITY TO DISCIPLINE
Within the limitations set forth in N.J.S.A. 40A-14-147 to 151 inclusive, the township ordinances,
the Department disciplinary authority and responsibility, rest with the Chief of Police. Except for
the actions listed below, the Chief of Police must approve all Department discipline.
Other supervisory personnel may take the following disciplinary measures.
A.

Oral Reprimand
A verbal admonishment given to a subordinate by a superior or supervisory officer.
Written documentation is to be made and forwarded to the Chief of Police via the
normal chain of command.

B.

Written Reprimand
A written notice of misconduct (See 5:1.1) given to a subordinate by a superior or
supervisory officer. It is to be written on official Police Department letterhead and
issued with the approval of the Chief of Police.

C.

Emergency Suspension
Refer to 5:3.1.

D.

Written Recommendations for Other Penalties
Refer to 5:3.5.

5:3.1

Emergency Suspension
Any superior officer shall have the authority to impose an emergency suspension until the
next business day against a member or employee when it appears that such action may be
necessary if an officer is unfit for duty or when there is a pending criminal complaint or an
indictment.

70

5:3.2

Emergency lnterdivisional Disciplinary Action
When the improper conduct of a member or employee of one unit is of such a nature that
immediate or emergency disciplinary action is required of a superior officer of another
unit, such action may be taken at once within the following limitations:

5:3.3

A.

Oral reprimand

B.

Emergency suspension until the next business day

lnterdivisional Oral Reprimand
When the superior officer of one unit orally reprimands a member or employee of another
unit, he/she shall notify the supervisor of the member so disciplined as soon as possible.
He/she shall also submit a written report of this action and reason therefore, to his/her
commanding officer and also to the commanding officer of the member or employee.

5:3.4

Follow-up Emergency Suspensions
A member or employee receiving an emergency suspension shall be required to report to
the Chief of Police on the next business day at a time specified by the Chief of police unless
otherwise directed by competent authority. The superior officer imposing the suspension
shall also report to the Chief of Police at the same time.

5:3.5

Reports of Disciplinary Action Taken or Recommended
Whenever disciplinary action is taken or recommended (except for performance notices), a
written report must be submit ted immediately containing the following information:
A.

The name, rank, badge number, and present assignment of the person being
disciplined and his/her signature of notification .

B.

The date and time of the misconduct and location .

C.

The section number of the violated rule and common name of the infraction.

D.

A complete statement of the facts of the misconduct.

E.

The punishment imposed or recommended .

F.

The written signature, badge number, and rank of the preparing officer and his/her
position in relation to the member being disciplined .

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5:3.6

Distribution of Reports of Disciplinary Action
The officer imposing or recommending the disciplinary action shall distribute reports as
follows:

5:3.7

A.

Original to the Chief of Police through the chain of command.

B.

Duplicate to the Captain.

C.

Triplicate retained by officer imposing or recommending the action.

Endorsement and Forwarding of Disciplinary Reports
Each level in the chain of command must endorse and forward reports bearing on
disciplinary matters. Such endorsement may be one of approval, disapproval, or
modification. No member or employee shall alter or cause to be altered or withdrawn any
disciplinary report except by the officer initiating the report. The initiating officer shall
have the affected officer initial the report, indicating he/she has full knowledge of the
change or withdrawal as soon as practical. Disciplinary reports in transit through the chain
of command shall not be delayed, but must be reviewed, endorsed, and forwarded as soon
as possible. Disciplinary reports shall be filed in accordance with current Department
directives.

5:3.8

Informing the Person Being Disciplined
The member or employee being disciplined shall be informed of the charges, in writing, as
provided by N.J.S.A. 40A-14-147.

5:3.9

Appeals from Penalties
Appeals from penalties imposed as disciplinary measures, may be taken as provided in
N.J.S.A. 40A-14-147 to 151 inclusive, and the township ordinances.

5:3.10 Misconduct Observed by Police Personnel
Whenever any commanding or supervisory officer observes or is informed of the
misconduct of another member or employee, which indicates the need for disciplinary
action, he/she shall take authorized and necessary action in compliance with procedures
5:3.5 and 5:3.6 of the Operations Manual.

72

5:3.11 Investigators Authority

Investigators assigned to a complaint are the direct representatives of the Chief and as
such, shall receive the cooperation of all members of the Department while conducting
their investigations. The sole responsibility of the investigator shall be the gathering of all
the facts regarding the allegations. In so doing, he/she must be objective and thorough
when submitting his/her report. His/her opinions, conclusions or personality shall not be
interjected into the case. By adhering to the foregoing principles, the case can be
concluded with optimum fairness for all persons concerned.
5:3.12 Suspension

The Chief of Police shall have the option to suspend personnel or a member of the
Department and will act in accordance with N.J.S.A. 40A:14-149.1, regarding the
suspension of an officer.

73

CHAPTER

6

RULES, CHARGES AND DISflPLINARY

ACTIONS

74

5:1

RULES, CHARGES AND DISCIPLINARYACTIONS

The following is a list, not exhaustive, of rules, charges and disciplinary actions which
may be taken against Police Officers:

6:7.1 Accepting bribes or gratuities for permitting illegal acts.
Disciplinary action for 7st offense -Dismissal

621.2 lnvolved in a crime of moral turpitude that negatively affects the operation of the
Department.
Disciplinary action for 1't offense -Reprimand to Dismissal
Disciptinary action for 2nd offense-Reprimand to Dismissal
Disciplinary action for 3'd offens.e -Dismissal

6:1.3

Repeated violations of Departmental Rules and Regulations, or any other course of
conduct indicating that a member has little or no regard for his responsibility as a
member of the Department.
Disciplinary action for 7't offense -Reprimand to Dismissal
Disciplinary action for 2nd offense-Reprimand to Dismissal
Disciplinary action for i'd offense -Dismissat

6:1.4

Failure to report, in writing, offers of bribes or gratuities to permit illegal acts.
Disciplinary action for 7't offense-Reprimand to Dismissal
Disciplinary action for 2nd offense -Dismissal

6:1.5

Knowingly and willfully making a false entry in any Departmental report or record.
Disciplinary action for I't offense -Reprimand to Dismissal
Disciplinary action for 2nd offense -Reprimand to Dismissal
Disciplinary action for 3'd offense -Dismissal

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5:1.6

lntoxication on duty.

Disciplinary action for 7't offense-Reprimand to Dismissal
Disciplinary action for 2nd offense-Reprimand to Dismissar
Disciplinary action for 3d offense _Dismissal

6:t'7 Failure to comply with the Chief's orders, directives, regulations,
written, and arso those of superiors and supervisors.

etc., orat and

Disciplinary action for l't offense
-Reprimand to Dismissal
Disciplinary action for 2'd offense-Reprimand to Dismissal
Disciplinary action for 3id offense -Dismissal

5:1.8 Allowing prisoner to escape through carelessness or neglect.
Disciplinary action for l't offense
-Reprimand to Dismissal
Disciplinary action for 2nd offense-Reprimand to Dismissar
Disciplinary action for 3,d offense _Dismissal

6:1'9 Failure to take appropriate action concerning illegal activity, and/orto
make a written
report of the same to commanding officer.
Disciplinary action for l't offense-Reprimand to Dismissat
Disciplinary action for 2nd offense-Reprimand to Dismissar
Disciplinary action for 3,d offense _Dismissal
6:1.10 lmproper use, handling or display of firearms.
Disciplinary action for l't offense-Reprimand to Dismissal
Disciplinary action for 2id offense-Reprimand to Dismissal
Disciplinary action for 3'd offense -Dismissal

6'7'Ll communicating or imparting confidential police information,
either in writing or
verbally, to unauthorized persons.
Disciplinary action for 7't offense-Reprimand to Dismissat
Disciplinary action for 2'd offense-Reprimand to Dismissar
Disciplinary action for 3'd offense -Dismissal

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6:L.L2 Wi llfully damaging Department property and/or equipment.
Disciplinary action for Lst offense -Reprimand to Dismissal
Disciplinary action for 2nd offense -Reprimand to Dismissal
Disciplinary action for 3rd offense -Dismissal

6:L.Ls lnterference with police radio broadcasting and tampering with police radio.
Disciplinary action for 7't offense -Reprimand to Dismissal
Disciplinary action for 2nd offense-Reprimand to Dismissal
Disciplinary action for 3'd offense -Dismissal
627.!4 Removing official documents from the department without permission.
Disciplinary action for 1't offense -Reprimand to Dismissal
Disciplinary action for 2'd offense -Reprimand to Dismissal
Disciplinary action for 3'd offense -Dismissal

6:7.L5 Failure of members and employees to remain at their assignments and on duty until
properly relieved by other members or employees or until dismissed by competent
authority.
Disciplinary action for 1" offense -Reprimand to Dismissal
Disciplinary action for 2nd offense -Reprimand to Dismissal
Disciplinary action for 3'd offense -Dismissal
6:L.L6 Failure to possess and maintain a current and valid New Jersey State vehicle
operator's license.

Disciplinary action for l't offense -Reprimand to Dismissal
Disciptinary action for 2nd offense -Reprimand to Dismissal
Disciplinary action for 3'd offense -Dismissal
6:1.17 Association with known illegal gamblers while on or off duty.

Disciplinary action for 1" offense -Reprimand to Dismissal
Disciplinary action for 2'd offense -Reprimand to Dismissal
Disciplinary action for 3'd offense -Dismissal

77

6:1.18 Associating fraternizing, or business transactions at any time, or in any manner
whatsoever with known criminals or persons engaged in unlawful activities.
Disciplinary action for l't offense -Reprimand to Dismissal
Disciplinary action for 2nd offense-Reprimand to Dismissal
Disciplinary action for 3'd offense -Dismissal
6:L.L9 Participating in illegal games of chance or illegal gambling while on duty.
Disciplinary action for I't offense -Reprimand to Dismissal
Disciptinary action for 2nd offense-Reprimand to Dismissal
Disciplinary action for 3'd offense -Dismissal
6:L.2O Fighting

or quarreling with members of the Department as prescribed in this code.

Disciplinary action for 7't offense -Reprimand to 30 Days Suspension
Disciplinary action for 2nd offense -Reprimand to Dismissat
Disciplinary action for 3'd offense -Dismissal

6:L.21Soliciting for attorneys, bondsmen or other business.
Disciptinary action for 1't offense -Reprimand to Dismissat
Disciplinary action for 2nd offense -Reprimand to Dismissal
Disciplinary action for 3'd offense -Dismissat

5:T.22lntoxication off duty in uniform.
Disciplinary action for 7't offense-Reprimand to Dismissal
Disciplinary action for 2nd offense-Reprimand to Dismissal
Disciplinary action for i'd offense -Dismissal

6:t.23lntoxication off duty, not in uniform, and arrested.
Disciplinary action for ltr offense -Reprimand to 30 Days Suspension
Disciplinary action for 2nd offense-Reprimand to Dismissat
Disciptinary action for j'd offense-Dismissal

78

6:1'24 Refusar to obey proper orders from a superior
officer.
Disciprinary action for 1't
.offense-Reprimand to Dismissar
Disciprinary action for 2nd. offense-Reprimand
to Dismissar
Disciplinary action for 3,d offense _Dismissal

6:t'25 Failure to take police action when necessary
at any time, in or out of uniform
failure to make a written report of same
to commanding officer.

,

and/or

Disciplinary action for 1't
_Reprimand to 30 Days
,offense
Disciprinary action for 2'd. offense -Reprimand
to Dismissar
Disciplinary action for 3,d offense_Dismissal

6:1'26 Failure to properly supervise subordinates;
or to prefer disciplinary charges; or to
take other appropriate disciplinary action.
Disciprinary action for 7't
.offense-Reprimand to Dismissar
Disciprinary action for 2nd. offense-Reprimand
to Dismissar
Disciplinary action for 3,d offense _Dismissal

5:7'27 Failure to thoroughly search for,
coltect, preserve, and identify evidence;
or persons,
property and locations in any arrest or
investigation.
Disciplinary action for 7't
_Reprimand to Dismissal
.offense
Disciplinary action for 2nd. offense-Reprimand
to Dismissar
Disciplinary action for 3,d offense -Dismissal

6:t.28lf stolen due to above.
Disciplinary action for 7'_t,offense _Reprimand
to 3O Days
Disciplinary action for 2'd offense -Reprimand
to Dismissal
Disciplinary action for 3,d offense _Dismissal

6:7'29 Failure to properly care for assigned
equipment and vehicles, damaging same
due to
neglect.
Disciplinary action for 7't.offense _Reprimand
to 30 Days
Disciplinary action for 2nd, offense -Reprimand
to Dismissal
Disciplinary action for 3,d offense _Dismissal

79

5:1.30 Neglect of Duty
Disciplinary action for ltt offense-Reprimand to Dismissal
Disciplinary action for 2nd offense-Reprimand to Dismissal
Disciplinary action for 3'd offense -Dismissal
6:1.31 Failure to follow Department procedures for the handling of evidence, personal
effects and all other property taken into custody.
Disciplinary action for 1't offense -Reprimand to 30 Days
Disciplinary action for 2nd offense -Reprimand to Dismissal
Disciplinary action for 3'd offense-Dismissal
6:1.32 Prior to written approval of the Chief of Police or his representative designated for
that purpose, appearing to give testimony as a character witness for any defendant in
a criminal trial or inquiry.
Disciplinary action for l't offense -Reprimand
Disciplinary action for 2nd offense-Reprimand to Dismissal
Disciplinary action for 3'd offense -Dismissal
6:1.33 Failure to properly patrol sector or post; unauthorized absence from assignment;
failure to respond to radio calls; idle conversation or loafing.
Disciplinary action for l't offense -Reprimand to 30 days
Disciplinary action for 2'd offense-Reprimand to Dismissal
Disciplinary action for 3'd or subsequent offense -Dismissal

6:1.34ldle conversation with known illegal gamblers while on or off duty.
Disciplinary action for l't offense -Reprimand to 10 days
Disciplinary action for 2nd offense-Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
6:1.35 Using rude or insulting language or conduct offensive to the public.
Disciplinary action for 7't offense -Reprimand to 10 days
Disciplinary action for 2'd offense -Reprimand to 30 days
Disciplinary action for i'd or subsequent offense-Reprimand to Dismissal

80

5:1.35 Publicly criticizing the official action of a Superior Officer.
Disciplinary action for 7't offense -Reprimand to L0 days
Disciplinary action for 2'd offense-Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
6:1.37 Odor of alcoholic beverage on breath while on duty.
Disciplinary action for l't offense -Reprimand to 10 days
Disciplinary action for 2nd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal

6:1.38 Failure to recognize and satisfy any just debts which negatively affect the
Department.
Disciplinary action for l't offense -Reprimand to 10 days
Disciplinary action for 2nd offense -Reprimand to 30 days
Disciplinary action for i'd or subsequent offense -Reprimand to Dismissal
6:1.39 Conduct subversive of good order and the discipline of the Department.
Disciplinary action for l't offense-Reprimand to 10 days
Disciplinary action for 2nd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
6:7.4O lntoxication off duty - in part of uniform.

Disciplinary action for 1't offense -Reprimand to 10 days
Disciplinary action for 2nd offense-Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal

6:!.4L Using profane or insulting language to

a Superior Officer.

Disciplinary action for 7't offense -Reprimand to 10 days
Disciplinary action for 2nd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal

81

6:L.42 Asleep on duty.
Disciplinary action for 1't offense-Reprimand to 10 days
Disciplinary action for 2'd offense-Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
6:L.43 Absence without leave for less than five (5) consecutive working days.
Disciplinary action for 1't offense -Reprimand to 10 days
Disciplinary action for 2nd offense-Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
6:L.44 Failure to conduct proper, thorough and complete investigations.
Disciplinary action for 1't offense -Reprimand to 10 days
Disciplinary action for 2nd offense-Reprimand to 30 days
Disciplinary action for j'd or subsequent offense -Reprimand to Dismissal
6:L.45 Failure to. report as witness when subpoenaed or ordered by Superior Officer.
Disciplinary action for 1't offense -Reprimand to 10 days
Disciplinary action for 2'd offense-Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
6:L.46 Failure to lock patrol car when unattended.
Disciplinary action for 7't offense-Reprimand to 10 days
Disciplinary action for 2'd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
6:L.47 Soliciting money or other valuable things without proper authorization.
Disciplinary action for 7't offense -Reprimand to 1,0 days
Disciplinary action for 2nd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
6:1.48 lnstituting civil action arising from police duty without notifying the Chief of Police.
Disciplinary action for l't offense -Reprimand to 10 days
Disciplinary action for 2nd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
82

6:1.49 Giving a verbal or written report of any incident without approval of the Commanding
Officer.
Disciplinary action for l't offense -Reprimand to 5 Days
Disciplinary action for 2'd offense -Reprimand to 10 Days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
5:1.50 Being found in any alcoholic beverage licensed establishment in full uniform while
not in performance of police duty.
Disciplinary action for l't offense -Reprimand to 10 days
Disciplinary action for znd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal

6:.1.51 Possession of alcoholic beverages on the person in police vehicle or on any police
property, not duty required.
Disciplinary action for 7tt offense -Reprimand to 10 days
Disciplinary action for 2'd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
6:L.52 Failure to be home without legitimate reason after reporting sick.
(Violation of Sick Leave Policy)
Disciplinary action for l't offense -Reprimand to 10 days
Disciplinary action for 2'd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
6:1.53 Failure to obtain any required medicaltreatment or certificate while on sick leave.
Disciplinary action for 7't offense -Reprimand to 10 days
Disciplinary action for 2nd offense-Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
6:1.54 Failure to submit properly written required report within a reasonable or prescribed
period of time as per regulations.
Disciptinary action for l't offense *Reprimand to 10 days
Disciplinary action for Znd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
83

5:1.55 Having or operating private auto on beat, on duty, or driving to or from beat or
post without authorization.
Disciplinary action for 1't offense -Reprimand to 10 days
Disciplinary action for 2nd offense -Reprimand to 30 days
Disciplinary action for j'd or subsequent offense -Reprimand to Dismissal
5:1.56 Failure to carry badge, firearm and other required equipment when on duty.
Disciplinary action for 1't offense -Reprimand to 10 days
Disciplinary action for 2nd offense-Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal
6:7.57 Unexcused ta rdiness.
Disciplinary action for 1't offense -Reprimand to 10 days
Disciplinary action for 2nd offense-Reprimand to 30 days
Disciptinary action for 3'd or subsequent offense -Reprimand to Dismissal
6:1.58 Changing residence or telephone number without giving prompt and proper

notification.
Disciplinary action for 1't offense -Reprimand to 10 days
Disciplinary action for 2nd offense -Reprimand to 30 days
Disciplinary action for i'd or subsequent offense -Reprimand to Dismissal
6:1.59 Unauthorized persons in radio car.
Disciplinary action for 1't offense-Reprimand to 10 days
Disciplinary action for znd offense-Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal

6:1.60 Untidy appearance and dress while in uniform.
Disciplinary action for l't offense -Reprimand to 10 days
Disciplinary action for Znd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal

84

6:1.61 Not in full prescribed uniform.
Disciplinary action for l't affense -Reprimand to 10 days
Disciplinary action for 2nd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal

5;1,.62 Failure to salute, when in uniform and in public, the Chief of Police or a uniformed
Superior Officer.
Disciplinary action for l't offense -Reprimand to 10 days
Disciplinary action for 2nd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal

6:6.63 Failure to give prescribed identification when answering telephone.
Disciplinary action for 7't offense -Reprimand to 10 days
Disciplinary action for 2'd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal

6:1.64 Refusalto give name and badge number when properly requested.
Disciplinary action for l't offense -Reprimand to 10 days
Disciplinary action for 2nd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal

6:1.65 Reading newspapers, books or periodicals while in view of public where it would
represent an affront to same.
Disciplinary action for 1't offense -Reprimand to 10 days
Disciplinary action for 2nd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal

6zt.66 Unauthorized press releases or statements.
Disciplinary action for l't offense -Reprimand to 10 days
Disciplinary action for 2nd offense -Reprimand to 30 days
Disciplinary action for 3'd or subsequent offense -Reprimand to Dismissal

85

6.2:

DEPARTMENTALDISCIPLINARYHEARINGS

Whenever an internal investigation establishes probable cause that a member is guilty of
violating a Departmental rule or regulation, directive or order, penalty for which is to be
permanently reflected on the member's personnel record, a preliminary notice of
disciplinary action shall be prepared by proper authority and personally served upon the
respective member.

6:2.t

The preliminary notice of disciplinary action shall contain:

A.

The name, address and title of the member against whom the action is being
instituted.
B. The charges (Rules and Regulation(s)) allegedly violated.
c. Specification of the facts upon which the charges are allegedly based.
D. Notification as to whether the member is suspended pending the determination of
the hearing.
E. The time, date and place at which the hearing is scheduled to be held.
F. The penalties to which the member is being exposed as a result of the alleged charges.
G. The signature of the proper authority and his/her official title.

6:2.2

The disciplinary hearing shall be scheduled during the business day, but no sooner than ten
(10) days nor later than thirty (30) days after said notice is personally served upon said

member, subject of course to the granting of reasonable requests for postponements by
said member.

6:2.3

Where a disciplinary hearing has been postponed at the request of the respective member
pending the determination of criminal or quasi-criminal charges filed on the basis of the
same factual situation which gave rise to the charges, said hearing must be held within
thirty (30) days after the Chief of Police receives notice of such disposition. The duty to
advise the Chief that said judicial determination has been made is that of the respective
member.

6:2.4

No member shall be found guilty of violating a Departmental rule or regulation unless the

presiding officer finds that a preponderance of the credible evidence substantiates the
specific charges of the particular case.

5:2.5

"Personal service" means actual service upon the member as well as actual service upon
any members of his/her family over eighteen years of age, residing in the residence of said
member.

6:2.6

Disciplinary hearings shall be public in nature. However, they should be within the bounds
of reasonableness and good order.

6:2.7

Every member formally charged with the violation of a Departmental rule or regulation
shall have the opportunity to testify in his/her own defense, produce relevant evidence in
support of his/her defense, produce competent witnesses to testify in his/her defense and
cross-examine any witness who has testified against him/her.

6:2.8

The Chief of Police may prosecute the complaint him/herself or delegate the duty

to any

member of the Department.

6:2.9

ln order that all parties may be afforded a fair and equal opportunity to be heard and

that

the Chief of Police may be completely informed in the matter and be able to render

a

proper determination based on allfacts and applicable laws and rules, all hearings shall be
conducted in an informal manner, without reference to any formal rules or procedure.
6:2.1O The Chief of Police may, at his/her discretion, clear the hearing room of all persons,
including witnesses not under examination or testifliing. When the evidence pertains to
scandalous or indecent conduct of any sort, or is such that its public disclosure would not
be in the best interest of the public and might do irreparable harm to any person or
persons not a party to the hearing, the hearing officer may exclude all persons not having
a direct interest in the matter being heard.

6:2.L1 The Chief of Police shall admit all testimony having reasonable, probative value, but shall
exclude immaterial, irrelevant or unduly cumulative testimony.

6:2.!2 TheChief of Policeshallgiveeffecttotherulesof privilegeasprovided bylaw. lf itisclear
that an internal affairs investigation may be turned over to the Prosecutor's Office or
other law enforcement agencies for the purpose of pursuing criminal action against a
police officer, then that officer is entitled to remain silent on the grounds of selfincrimination during questioning initiated by his/her employer in a disciplinary context.

6:2.13 The member is presumed innocent and the burden of proof is upon the Chief of Police to
prove the member's guilt by a preponderance of the credible evidence presented during
the hearing.
622.L4 All hearings may be recorded at the discretion of the Chief of Police in one of the following

manners:

A.

A certified shorthand report.
87

Stenographers, duly sworn to make an accurate stenographic recording of the
proceeding.
Sound recording device to be operated under the supervision and direction of the
Chief of Police.

B.

c.

622.L5 After considering all the evidence in support and in defense of the particular charge of
misconduct, the Chief of Police shall consider same and render his/her verdict as soon as
practicable thereafter.

6:2.LG Although the verdict may be verbal at the time of the hearing, the determination must be
reflected upon a final notice of disciplinary action which must be personally served upon
the respective member as soon as practicable after the termination of said disciplinary
hearing.
5:3

6:3.1

APPEAL PROCEDURES

Appeal according to Civil Service Rules and Regulations

A.

Any member of the Department who has been tried and convicted upon disciplinary
charge or charges may obtain review to the New Jersey Civil Service Commission.

B.

Such review shall be obtained by serving a written notice of an application therefore
upon the officer or board whose action is to be reviewed within 10 days after written

notice to the member of the conviction. The officer or board shall transmit to the
court a copy of the record of such conviction, and of the charge or charges for which
the member was tried.

C.

The court shall hear the case 'de novo', on the record and may either affirm, reverse
or modify such conviction. lf the member shall have been removes from his position,
the court may direct that he be restored to such position and all his rights pertaining
thereto, and may make such other judgment as said court shall deem proper.

L.

Either the Township of North Bergen or the member may supplement the record
with additional testimony subject to rules of evidence.

Z.

All rights and privileges granted under Civil Service, PBA Local 18 and PBA Local 18A
contract with the Township of North Bergen shall be granted.

88

623.2 Further

APPeals

appeal the findings through
upon exhaustion of the preceding the member may further
grievance procedure as provided underthe
the superior court andf orthe utilization of the
PBA collective bargaining agreements'

89

CHAPTER

7

DRTJG SCREENING

90

7:7.

DRUG SCREENING

7:t.L At random

or without suspicion, an officer may be ordered or requested to submit to a
blood, urine, breathalyzer, or other test, to determine the percentage of alcohol or drugs in
said test sample, except as provided otherwise by specific statutory or procedural law. Such
test MUST be given if requested by the officer. A refusal by an officer to submit a test
sample on request, or who renders a positive test for illegal drug use or alcohol
consumption may be dismissed from the police force upon final adjudication.

7:1.2 AII law enforcement applicants may be required to submit to a urinalysis prior to
appointment.

7:L.3

An applicant who produces a confirmed positive test result indicating unlawful drug use or
who refuses to submit a urine sample shall be rejected for employment.

7:L.4

Subsequent to appointment, all officers shall be subjected to unannounced drugtesting by
urinalysis during and whenever there is individualized reasonable suspicion to believe that
an officer is unlawfully using drugs.

7:L.5

A trainee who produces a positive test result indicating unlawful drug use or who refuses

to submit a urine sample shall be dismissed from the training academy and/orfrom his/her
law enforcement position.

7.1.6 Permanently

appointed officers who produce a positive test result indicating unlawful drug
use or who refuse to submit a urine sample shall be dismissed from employment.

7:!.7

Any police officer who believes he/she has a reasonable suspicion that another officer is
using illegal drugs, or is abusing prescription or over-the-counter medication, must
immediately report those facts and circumstances to the office of the Chief of Police or
his/her designee.

7:1.8 Any police officer that is prescribed medication or who is ingesting over-the-counter
medication which impairs his/her obilitytofunction effectively, must inform the Township
Physician of the type of medication and prescribed dosages.

7:L.9

AII drug screening shall be consistent with the guidelines promulgated by the Attorney
General's Office and the Office of the Hudson County Prosecutor including Departmental
Policy.

9I