NEWTON POLICE DEPARTMENT
POLICY AND PROCEDURE
S.O.P.
SUBJECT:

1.01

# OF PAGES: 34

FUNCTION

ADMINISTRATION

DEPARTMENT RULES & REGULATIONS

CHIEF MICHAEL S. RICHARDS

EVALUATION DATE

TOWN OF NEWTON
EMPLOYEE HANDBOOK

ACCREDITATION/STANDARDS:
CH 12 Direction
12.2.1g

ISSUING AUTHORITY:

EFFECTIVE DATE:

REFERENCE:

12/13/1999
REVISION DATE

PAGE #

SECTION

AUTHORITY

9/23/2008

ALL

ALL

JDT

12/8/2011

REFERENCE

ATTACHMENT

MSR

NPD/POLICY & PROCEDURE
SUBJECT: DEPARTMENT RULES & REGULATIONS
S.O.P. #1.01

2

PURPOSE:
The following manual is adopted pursuant to the Ordinances of the Town of Newton for the
Government, Discipline, Administration and Operation of the Police Department (hereinafter referred to as
the "Department"), and its members and employees.
The success of a police force, in the performance of its duties, is largely measured by the degree of
support and cooperation it receives from the people of the community it serves. The Department must
continuously strive to secure the confidence, respect and approval of the public. Necessarily, the
cultivation of such desirable attitudes is dependent upon the proper performance of duty by all the
members and employees of the Department.
A professional responsibility no less grave than that of other administrators of the law is imposed
upon members of the Department. Professionalization of police is gaining general recognition, but it can
win universal acclaim and permanent status only if the actions of the police are reflected in intelligent,
sincere, efficient, and courteous service. The police profession must embody the highest attributes of
every other profession. Not private profit, nor personal reward, but the service of the community is the
earmark of the professional police officer.
The rules and regulations portion of the Department’s standards is designed to guide members in
the areas of conduct, which allow very little latitude in their interpretation.
POLICY:
Each member and employee of the Department is duty bound to thoroughly familiarize himself or
herself with provisions of these Rules and Regulations. Failure to comply shall be considered neglect of
duty and may become the basis for disciplinary action. In the event neglect of duty is charged against a
police officer for failure to observe the Rules and Regulations, ignorance of any provision of this manual
will not be accepted as an excuse.

TOWN OF NEWTON
POLICE DEPARTMENT

RULES AND REGULATIONS
(Calea 12.2.1g)

COUNTY OF SUSSEX
STATE OF NEW JERSEY

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1.2.6

Maintenance
Employees shall be responsible for maintaining a current copy of the rules and regulations contained in this
manual, including all additions, revisions and amendments as may be issued.

1.2.7

Familiarization
Employees shall thoroughly familiarize themselves with the provisions of the rules and regulations and
policies and procedures contained with the department manual. Ignorance of any of the provisions of this
manual will not be a defense to a charge of a violation of the rules and regulations.

Article 2

DEFINITIONS

Section 1
2.1.1

Acting – Assigned temporarily to serve 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
are assumed by the acting member.

2.1.2

Annual Leave – The combination of vacation, personal and compensatory leave granted to all employees
annually in accordance with the Revised General Ordinances and all applicable collective bargaining
agreements.

2.1.3

Appropriate Authority – Town Manager of the Town of Newton.

2.1.4

Authority – The statutory or policy vested right to give commands, issue orders, 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.

2.1.5

Bureau – A unit immediately subordinate to a division.

2.1.6

Chain of Command – The unbroken line of authority extending from the Chief of Police through one or more
subordinates at each level of command down to the level of execution and vice versa.

2.1.7

Command Officer – Police officers holding the rank of Lieutenant or above and assigned to a command
position by the Chief of Police.

2.1.8

Days Off – Those days determined by the Chief of Police on which a given employee is excused from duty.

2.1.9

Department –Town Police Department.

2.1.10 S.O.P. Manuals – Collection of all lawfully issued rules, regulations, policies, procedures and general orders.
Such manuals in force in the department are issued by authority of the Chief of Police. Compliance with the
provisions of department manuals is required without exception.
2.1.11 Detail - A temporary assignment of personnel for a specialized activity.

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2.1.12 Detective – A police officer, designated as a detective, assigned to conduct criminal and other investigations
while in civilian clothes.
2.1.13 Division – A functional unit having jurisdiction wide coverage whose commanding officer reports directly to
the Chief of Police.
2.1.14 Employee – All employees of the police department, whether sworn regular or special police officers or
civilian employees.
2.1.15 Function – The general activity of a subdivision of the department, e.g., the operations function, the
administrative function, etc.
2.1.16 Gender – The use of the masculine gender in any directive or manual includes the female gender, where
applicable.
2.1.17 General Order – Written directive designed to announce adoption or revision of policies and to direct
procedure for the indefinite future.
2.1.18 Headquarters – The section of the Municipal Building that houses the headquarters staff and employees of
this department.
2.1.19 Incompetence – Incapable of satisfactory performance of police duties.
2.1.20 Informational Bulletins – Published materials containing information regarding wanted persons, crime
patterns, and other incidents calling for police attention.
2.1.21 Insubordination – A course of conduct including but not limited to: failure or deliberate refusal of any
employee to obey a lawful order given by a superior officer. Ridiculing a superior officer or his order, whether
in or out of his presence, is also insubordination. Disrespectful, mutinous, insolent, or abusive language
toward or concerning a superior officer.
2.1.22 Lawful Order – Any written or spoken directive issued by a superior officer, supervisor or acting supervisor,
to any subordinate or group of subordinates in the course of police duty, which is not in violation of any law,
ordinance or departmental rule or regulation.
2.1.23 Leave of Absence – The period of time during which a police officer is excused from active duty and during
which time he receives no pay.
2.1.24 Manager – Town Manager of the Town of Newton.
2.1.25 May – Indicates that the action is expected and encouraged.
2.1.26 Member – Any duly appointed police officer of the department.

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2.1.27 Memoranda – Written directive designed to facilitate and provide direction for the smooth operation of the
department.
2.1.28 Military Leave – The period of time during which an officer is excused from duty by reason of serving in the
armed forces of the United States in an active capacity as provided by law.
2.1.29 Off Duty – The status of a member during the period he is free from the performance of specified duties.
2.1.30 Officer – Any duly appointed police officer of the department.
2.1.31 Officer-in-Charge - Ranking member of the department on duty. Rank is determined by grade first, and by
seniority in grade second. Any member up to and including the rank of Lieutenant in charge of a watch or
detail.
2.1.32 Official Channels – Through the hands of superior officers in the chain of command.
2.1.33 On Duty - The status of a member during the period of the day when he is actively engaged in the
performance of his duties. A police officer is subject to call at all times.
2.1.34 Order - Any written or spoken directive issued by a superior officer to a subordinate or group of
subordinates in the course of police duty.
2.1.35 Personnel Order - Written directive designed to announce promotions, transfers, assignments and other
personnel action to all department employees.
2.1.36 Plurality – The singular includes the plural and the plural includes the singular.
2.1.37 Police Incident – An occurrence or incident suggesting or requiring police action or service by members.
2.1.38 Police Vehicle – All vehicles under the control of the department, whether marked or unmarked, with or
without radio equipment.
2.1.39 Policy – Written directive that summarizes the department position on the responsibilities, direction or
limitations of department authority in specific matters. A policy is a component of a general order.
2.1.40 Post - Assignment to a specified location, for a fixed period of time, to address a specific police purpose.
2.1.41 Probationary Patrolman – Any member of the police department serving a satisfactory training and
evaluation period prior to permanent appointment to the department.
2.1.42 Probationary Period - Each member shall be required to serve a probationary period of one (1) year prior
to permanent full-time appointment to the department.
2.1.43 Procedure - Written directives that describe expected methods of operation. Procedures differ from policy
in that they direct attention to the performance of a specific task within the guidelines of the policy. A
procedure is a component of a general order.
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2.1.44 Rules and Regulations – Departmental legislation consisting of detailed directives binding upon employees
of all ranks in terms of authority, responsibility and conduct.
2.1.45 Senior Officer – A member in any given rank with the longer service in that rank. Seniority in the
department is established first by rank and second by time served in rank. Where conflict occurs because of
identical service or dates of appointment, the member with the higher position on the recommendation list
from which the appointments were made is deemed to be the senior. In situations requiring decision making
or control, where the officers are of equal rank and the decision or control is required in their area of
responsibility, the senior will make the decision and exercise control unless otherwise designated by a higher
ranking command or supervisory officer.
2.1.46 Shall/Will - Indicates that the action referred to is mandatory.
2.1.47 Sick Leave – The period of time during which an officer is excused from active duty by reason of illness or
injury by a commanding officer or supervisor in the absence of a commanding officer.
2.1.48 Special Duty - Police service, the nature of which requires the member to be reassigned from the
performance of his regular duties to perform other duties as required from time to time by the Chief of Police.
2.1.49 Special Orders - Written directive designed to give specific direction pertaining to assignments, scheduling
and special details.
2.1.50 Special Police - Persons vested with special police authority pursuant to N.J.S.A. 40A:14-146, but are not
members of the department.
2.1.51 Squad - A functional unit subordinate to a bureau or 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.
2.1.52 Staff Supervision - An advisory relationship, outside the regular hierarchy of command and responsibility in
which a supervisor may review the work of another employee who is responsible to another superior officer.
2.1.53 Subordinate - A member lower in rank than his superior officer.
2.1.54 Superior Officer – A person holding a higher supervisory or command rank or position.
2.1.55 Supervisory Officer - Members of the department assigned to a position requiring exercise of immediate
supervision over the activities of employees.
2.1.56 Suspension - An act of temporarily denying an employee the privilege of performing his duties, and
relieving him from the duty with or without pay for a period of time, in consequence of alleged dereliction of
duty or violation of department rules and regulations.
2.1.57 Tense of Words – The words used in the present tense include the future.
2.1.58 Town - Town of Newton, New Jersey.
2.1.59 Tour of Duty - The period of time during which a member of the department is assigned to active duty.
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2.1.60 Unit – Any number of members and/or employees of the department regularly grouped together under one
head to accomplish a police purpose.
2.1.61 Written Directive – Any written document used to guide or affect the performance or conduct of agency
employees. The term includes policies, procedures, rules and regulations, general orders, special orders,
personnel orders, memoranda, and instructional materials.

ARTICLE 3 GENERAL RULES AND REGULATIONS
Section 1
3.1.1

Code of Ethics

Standard
1.1.1

As a law enforcement officer, the fundamental duty is to serve the community; 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 to liberty, equality and
justice.
A law enforcement officer must keep his private life unsullied as an example to all and will behave in a
manner that does not bring discredit to himself or to his agency. He will 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 both in his personal and official life, he will be exemplary in obeying the law and
the regulations of my department. Whatever he sees or hears of a confidential nature or that is confided to
him in his official capacity will be kept ever secret unless revelation is necessary in the performance of his
duty.
He will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities
or friendships to influence his decisions. With no compromise for crime and with relentless prosecution of
criminals, he 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.
He will recognize the badge of his office as a symbol of public faith, and will accept it as a public trust to be
held so long as he is true to the ethics of police service. He will never engage in acts of corruption or bribery,
nor will he condone such acts by other police officers. He will cooperate with all legally authorized agencies
and their representatives in the pursuit of justice. He alone is responsible for his own standard of
professional performance and will take every reasonable opportunity to enhance and improve his level of
knowledge and competence.
He will constantly strive to achieve these objectives and ideals, dedicating himself before God to his chosen
profession…law enforcement.
Each member of the Police Department shall conform to the Law Enforcement Code of Ethics, as contained
herein.

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Section 2

Professional Conduct and Responsibilities

Standard
26.1.1

3.2.1

Loyalty – (Class 3 offense)
Loyalty to the department and to associates is an important factor in department morale and efficiency.
Employees shall maintain a loyalty to the department and their associates as is consistent with the law and
personal ethics.

3.2.2

Assistance – (Class 2 offense)
All members are required to take appropriate action toward aiding a fellow police officer exposed to danger
or in a situation where danger might be impending.

3.2.3

Coordination – (Class 3 offense)
Employees shall endeavor to assist members of this and other bona fide law enforcement agencies in the
pursuit of official law enforcement agency objectives consistent with these rules and regulations.

3.2.4

Truthfulness – (Class 1 Offense)
All employees are required to be truthful at all times whether testifying under oath or when not under oath
and while reporting and answering questions posed by superior officers and/or internal affairs investigators.

3.2.5

Abuse of authority – (Class 1 Offense)
Willful misuse of police powers by any member for the purpose of violating the rights of any person is
prohibited.

3.2.6

Conduct unbecoming a police officer (Class 2 offense)
Due to the nature of police work, the need for organizational cohesion and cooperation, the awesome power
and public trust granted police officers, the autonomy they often work under and the credibility needed to
sustain effective law enforcement; police officers must be held to the highest standard in order for a police
department to carry out it’s law enforcement mission.
Accordingly, police officers shall conduct themselves at all times, both on and off duty, with high ethical
standards, so as not to bring discredit upon themselves as police officers or upon the Police Department.
Conduct unbecoming a police officer is grounds for disciplinary action and shall be defined as any improper
conduct which tends to weaken public respect or confidence in the police department or which adversely
impacts the confidence amongst fellow officers. This conduct includes but is not limited to:
•
•
•
•

Unlawful, disorderly, immoral, deceitful, dishonest or unethical conduct by a police officer that adversely
affects the morale, efficiency or good order of the police department or damages the reputation of the
officer or department.
Cowardly or other dishonorable conduct by a police officer that injures or puts at risk any person or which
tends to lower public confidence in the officer or police department or the mutual confidence among
police officers.
Slander, false reporting or any means of retaliation by a police officer against any department employee
for their official acts.
The willful violation of the code of conduct as set forth in the Police Department manual including the
Law Enforcement Code of Ethics.
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3.2.7

Conduct unbecoming an employee in the public service (Class 2 offense)
Civilian employees shall conduct themselves at all times, both on and off duty, with high ethical standards so
as not to bring discredit upon themselves as employees of the Police Department or upon the department
itself.
•

•

Section 3

Unlawful, disorderly, immoral, deceitful, dishonest or unethical conduct by a civilian employee that
adversely affects the morale, efficiency or good order of the police department, or that damages the
reputation or credibility of the police department, is conduct unbecoming an employee in the public
service and shall constitute grounds for disciplinary action.
Slander, false reporting or any means of retaliation by an employee against any employee for their
official acts is conduct unbecoming an employee in the public service and shall constitute grounds for
disciplinary action.
Duty Responsibilities

Standard
26.1.1

3.3.1

Responsibilities – (Class 3 offense)
Members of the department are always subject to duty and they shall at all times respond to the lawful orders
of superior 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 subdivisions of the department does not relieve members of other
subdivisions 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 required to take
proper action outside the scope of their specialized assignment when necessary.

3.3.2

Insubordination – (Class 2 Offense)
Employees shall promptly obey all lawful orders issued by supervisors and superior officers. Employees
shall not ridicule a superior officer or an order of a supervisor or superior officer whether in or out of the
officer's presence. Employees shall not use disrespectful, mutinous, insolent or abusive language toward or
about a supervisor or superior officer.

3.3.3

Neglect of duty – (Class 2 Offense)
Employees shall faithfully and diligently carry out all of the duties and fulfill all of the obligations of their office.
Failure to take appropriate action on the occasion of a crime, disorder, or other action or condition deserving
of police attention or any other omission by an employee which represents an abandonment of one’s duties,
obligations or assignment is neglect of duty and will subject that employee to discipline.

3.3.4

Questions about assignment – (Class 5 offense)
Members and employees in doubt as to the nature or detail of an assignment/ order shall seek such
information from their supervisors by going through the chain of command.

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3.3.5

Knowledge of laws and regulations - (Class 4 offense)
Members and employees shall familiarize themselves with their current assignment and are required to
establish and maintain a working knowledge of all laws and ordinances in force in the Town of Newton, as
well as all rules, regulations, policies, procedures and general orders of the department.
•

In the event of improper action or a breach of discipline, it will be presumed that the affected member or
employee was familiar with the law, ordinance, rule, regulation, policy, procedure, or order in question.

3.3.6

Performance of duty – (Class 3 offense)
Employees shall give suitable attention to the performance of duty and shall perform their duties as required
or directed by law, departmental rule, regulation, policy, procedure or lawful order of a superior officer. All
lawful duties required by competent authority shall be performed as promptly as directed, notwithstanding the
employee's general assignment of duties and responsibilities.

3.3.7

Action off duty – (Class 3 offense)
While off duty, members shall take appropriate action as needed in any police matter that comes to their
attention within their jurisdiction as authorized by New Jersey law and department policy.

3.3.8

Obedience to laws, regulations and orders – (Penalty based on gravity of offense/violation)
Employees shall obey all laws, ordinances, rules and regulations, policies and procedures, general orders,
written directives and verbal orders of superiors of the department as applicable.

3.3.9

Reporting violations of laws, rules, policies and procedures, etc. – (Class 3 offense)
Employees knowing of others violating laws, ordinances, provisions of the department S.O.P. manuals or
lawful orders, shall immediately report same in writing to the Chief of Police via official channels. If the
employee believes the information is of such gravity that it must be brought to the immediate personal
attention of the Chief of Police, official channels may be bypassed.

3.3.10 Conduct toward superior and subordinate officers and associates – (Class 4 offense)
Employees shall treat superior officers, subordinates and associates with respect. They shall be courteous
and civil at all times in their relationships with one another. When on duty and particularly in the presence of
other members, employees or the public, employees shall demonstrate a positive attitude and refrain from
using sarcastic remarks of any kind. All officers of the department shall address superior officers by rank.
3.3.11 Criticism of official acts or orders – (Class 3 offense)
Employees shall not criticize any lawful official actions, instructions, or orders of any department member in a
manner which is defamatory, obscene, sarcastic, unlawful or which tends to impair the efficient operation,
image, authority or reputation of the department or any supervisor within the department.
3.3.12 Manner of issuing orders
A.

Orders from a superior officer to a subordinate shall be in clear and understandable language, and
issued in pursuit of departmental business. (Class 5 offense)

B.

When conveying polices, procedures, directives, orders, etc. supervisors shall adopt a positive
approach and impart the information in a manner most likely to gain acceptance and compliance.
(Class 4 offense)
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3.3.13 Unlawful orders – (Class 2 offense)
No command or supervisory officer shall knowingly issue any order that is in violation of any law or
ordinance.
3.3.14 Obedience to unlawful orders – (Penalty based on gravity of the offense/violation)
Obedience to an unlawful order is never a defense to an unlawful action. Therefore, no employee shall obey
an order that is contrary to federal or state law, or local ordinance. Responsibility for refusing to obey rests
with the employee. The employee shall be strictly required to justify his action.
3.3.15 Improper orders – (Class 5 offense)
No supervisor shall knowingly issue any order that is in violation of a provision of the department manual.
3.3.16 Obedience to unjust and improper orders
Employees who are given orders they feel to be unjust or contrary to a provision of the department manual,
must first obey the order to the best of their ability and then may proceed to an appeal as provided below.
Failure to follow the order prior to appeal may result in a charge of insubordination.
3.3.17 Conflicting orders - (Class 5 offense)
Upon receipt of an order conflicting with any previous order or instruction, the affected employee will advise
the person issuing the second order of this fact. Responsibility for countermanding the original order or
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 or public.
3.3.18 Reports and appeals – (Class 5 offense)
An employee receiving an unlawful 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.
3.3.19 Soliciting gifts, gratuities, fees, loans, etc. – (Class 3 offense)
Employees shall not under any circumstances, directly or indirectly, solicit any gift, gratuity, loan, discount or
other fee for their own personal gain where there is any connection between the solicitation and their
department membership or employment.
3.3.20 Acceptance of gifts, gratuities, fees, loans, etc. – (Class 2 offense)
Pursuant to the provisions of N.J.S.A. 2C:27-6, employees shall not accept any gift, gratuity, fee, loan or
other thing of value, the acceptance of which might tend to influence, directly or indirectly, the actions of said
employee or other employee in any matter of police business; or which might tend to cast an adverse
reflection on the department or any employee thereof.
• No employee of the department shall receive any gift or gratuity from other members or employees junior
in rank, the acceptance of which might tend to influence, directly or indirectly, the actions of said
employee or other employee in any matter of police business; without the expressed permission of the
Chief of Police.
• Any employee who is found to have accepted money or any other thing of value to influence his actions
in connection with his employment will be subject to termination of employment.

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3.3.21 Rewards – (Class 4 offense)
Employees shall not accept any gift, gratuity, or reward in money or other consideration for services rendered
in the line of duty, except lawful salary and that which might be authorized by law.
3.3.22 Other transactions – (Class 4 offense)
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 his attention or which
arose out of his department employment, except as may be specifically authorized by the Chief of Police.
3.3.23 Disposition of unauthorized gifts, gratuities, etc. – (Class 4 offense)
Any unauthorized gift, gratuity, loan, fee, reward or other thing falling into any of these categories coming into
the possession of any employee shall be forwarded to the office of the Chief of Police together with a written
report explaining the circumstances relevant thereto.
3.3.24 Debts – incurring and payment – (Class 5 offense)
A.
No employee shall borrow or lend any money or otherwise become indebted to any other employee.
B.
Employees shall not solicit other employees to co-sign or endorse any promissory note or loan.
C.
No employee shall offer to act as a co-signer or endorser of any promissory note or other loan for
another employee.
D.
Paragraphs a-c do not apply to transactions among employees related to each other.
E.
Employees shall promptly pay all just debts and legal liabilities incurred by them.
3.3.25 Personal preferment– soliciting – (Class 4 offense)
Employees shall not seek influence or intervention with the Town Manager, Mayor, or any member of the
governing body in relation to promotions, assignments, disposition of pending charges, or findings in a
departmental trial or related matter. This shall not preclude, however, the right of an employee to be
represented by legal counsel or a union representative.
3.3.26 Withholding information – (Class 2 offense)
Employees shall not, at any time, withhold any information concerning criminal activity or fail to take
appropriate action in response to such information.
3.3.27 Harassment – (Class 3 offense)
Employees are prohibited from any acts that would constitute harassment, sexual or otherwise, as defined in
department policy.
3.3.28 Chain of command – (Class 4 offense)
All employees must be aware of their relative position with the department, to whom they are immediately
responsible, and persons accountable to them. All employees shall follow the established chain of command
when dealing with supervisors and shall keep their supervisors informed of their activities.
•
•

Command officers are entitled to freely discuss matters of policy and operations at the command and
supervisory level.
Command officers may discuss department matters with any employee at any level within the
department in order to maintain rapport and interaction so needed and vital to a successful organization.
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3.3.29 Gossip (Class 3 offense)
Employees shall respect the private lives of other employees and not engage in conversations or
communications about activities that are designed to slander or demean their co-workers. Gossip and
fabricated stories concerning both job related and non-job related activities of co-workers will be reason for
disciplinary action; as such activities tend to impair the efficient operation and harmonious work environment
of the department.
3.3.30 Circulating false information (Class 3 offense)
Employees shall not make false or misleading statements about department activities, including, but not
limited to, policies, investigations, disciplinary actions and personnel decisions; when such statements are
intended to or may tend to adversely affect the morale or good order of the department, or undermine the
authority of any supervisory officer.
3.3.31 Reasonable caution in performance of duty (Class 3 offense)
Employees shall exercise reasonable and prudent judgement and care in the performance of duty so as to
minimize the risk of injury and/ or damage to all persons and/ or property.
3.3.32 Supervision of subordinates – (Class 3 offense)
Department supervisors shall properly monitor, instruct, counsel, supervise, direct, and discipline the
personnel assigned to their command and enforce all department rules, regulations, policies, procedures,
directives and orders issued by competent authority.
•
•
Section 4
3.4.1

Supervisors are required to promptly report any unsatisfactory performance or violations through
official channels.
Supervisors are responsible for attempting to create a positive attitude amongst their subordinates
and in so doing must endorse the policies, directives and decisions of their superiors.
General conduct

Standard
26.1.1

Prohibited activity on duty
Employees who are on duty are prohibited from engaging in activities which are not directly related to the
lawful performance of their official duties, including, but not limited to:
A.
Sleeping. (Class 2 offense)
B.
Conducting private meetings. (Class 2 offense)
C.
Gambling, unless to further a police purpose (with the consent of the Chief of Police).
(Class 2 offense)
D.
Sexual activity of any kind. (Class 2 offense)
E.
Conducting non-police related activities or business. (Class 4 offense)
F.
Recreational reading (except on meal breaks), loafing, idling. (Class 5 offense)
G.
Pursuing personal relationships:
1.
Without coercion created by an officer’s official authority – (Class 4 offense)
2.
With coercion created by an officer’s official authority – (Class 1 offense)
H.
Leaving the town without supervisory approval – (Class 3 offense)

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3.4.2

Alcoholic beverages and drugs
A.
Employees shall not report for duty under the influence of intoxicants to any degree nor shall they
have the odor of an alcoholic beverage emanating from their person. This condition shall cause the
employee to be unfit for duty. Superior officers shall not assign to duty any employee in an unfit
condition due to the use or odor of intoxicants and shall immediately relieve of duty and service
weapon any member found on duty in such condition. (Class 2 offense)
B.
Employees shall not drink any kind of intoxicating beverage at any time while on duty unless
absolutely necessary in the performance of duty and will not render the employee unfit; and then
only with the prior expressed permission of the Chief of Police or his designee as required by written
directive. (Class 2 offense)
C.
Employees shall refrain from drinking intoxicating beverages for a period of time necessary to ensure
absence of alcohol in the blood, to any degree, prior to reporting for duty. (Class 3 offense)
D.
Employees shall refrain from drinking alcoholic beverages for a period of time necessary to ensure
absence of an odor of alcoholic beverages on their person, prior to reporting for duty. (Class 4
offense)
E.
Any member who has a reasonable suspicion to believe that a fellow member of this department is
under the influence of intoxicating liquor or drugs must immediately report such fact to his/her
immediate supervisor. (Class 2 offense)
F.
Employees shall not bring or keep any intoxicating beverage or drugs on department premises,
except when necessary in the performance of a police objective and then it shall be properly
identified and stored according to department policy. (Class 3 offense)
G.
Intoxicating beverages shall not at any time be consumed at Police Headquarters .
(Class 3 offense)
H.
Employees shall not have intoxicants on their person while on duty or in uniform, or in any police
building or vehicle, except for evidential or other authorized purposes. (Class 3 offense)
I.
Off duty employees will not consume alcoholic beverages to the extent: (Class 4 offense)
• It results in inappropriate/offensive behavior tending to discredit themselves or the department.
• It renders them unable/unfit to report for their next regular tour of duty (i.e., illness, impairment,
or apparent indication of recent alcohol use).
J.
Employees shall not drink or be under the influence of alcoholic beverages while in the department
uniform or any part thereof. (Class 3 offense)
K.
If so ordered by a supervisory officer in furtherance of an investigation having a bearing on an
officer’s employment or fitness for duty/continued employment, a member must submit to a blood
test, a breath test, or any other test to determine the percentage of alcohol in the blood.
L.
No liquor license shall be held by any police officer, or by any profit corporation or association in
which any such member is interested, directly or indirectly. (Class 2 offense)
M.
No law or regulation promulgated by the Department of Alcoholic Beverage Control, however,
prohibits members of the department from being employed, other than in the Town for which they
serve as police officers, by a business licensed to sell alcoholic beverages in this State.
• Members shall not be employed by any business licensed to sell alcoholic beverages in the
Town. (Class 2 offense)

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N.

O.
P.
Q.
R.

Members so employed shall not, while engaged in the selling, serving, possessing or delivering of
any alcoholic beverage:
• Have in his possession any firearm, or (Class 3 offense)
• Wear or display any uniform, badge or insignia, which would identify him as a police officer.
(Class 3 offense)
No member so employed shall be permitted to work in excess of twenty-four (24) hours per week in
any such establishment. (Class 4 offense)
No member shall enter a licensed liquor establishment while on duty, unless on official business or
upon prior authorization of the Chief of Police or his designee. (Class 3 offense)
All members shall fully comply with the departmental drug testing policy and procedures as set forth
in written directive. (Class 1 offense)
Medication (Class 3 offense)
1.
Employees shall not take any medication that might diminish their alertness or impair their
senses prior to or after reporting for duty, unless otherwise directed by a physician.
2.
When employees are required to take any prescription or non-prescription medication that
might diminish their alertness or impair their senses, the employee shall notify their
supervisor as to the medication required, it's properties, the dosage and the period during
which the employee is required to take the medication. It shall be the responsibility of the
employee to make the notification prior to the employee being assigned to duty. This
information so provided shall remain confidential.
3.
Supervisors shall not assign to duty or allow to remain on duty, any employee whose fitness
for duty is questionable due to the use of medication.

3.4.3

Loitering – (Class 5 offense)
All employees on duty or in uniform shall not enter taverns, theatres, or other public places, without legitimate
cause, except to perform a police task. Loitering and unnecessary prolonged conversation in such locations
is forbidden.

3.4.4

Relief – (Class 3 offense)
All employees are to remain at their assignment and on duty until properly relieved by another employee or
until dismissed by competent authority.

3.4.5

Reporting – (Class 5 offense)
Employees shall promptly and accurately prepare and submit such reports as are required by the
performance of their duties or by competent authority.

3.4.6

False reports – (Class 1 offense)
Employees shall not knowingly submit written or oral communications that are fabricated, factually inaccurate
or intentionally misleading and that could lead to an investigation or prosecution of any person for a crime,
offense or violation of departmental rule, regulation, policy, procedure, etc.

3.4.7

Reporting for duty – (Class 3 offense)
Employees shall report for duty, properly uniformed and equipped, on the date, time and place specified.
Employees failing to report at the date, time and place specified without the consent of competent authority,
shall be considered “absent without leave”.

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3.4.8

Physical fitness for duty – (Class 5 offense)
All members of the department shall maintain good physical condition so they can handle the strenuous
physical contacts often required of a law enforcement officer.

3.4.9

Smoking/Tobacco while on duty – (Class 5 offense)
Employees shall not smoke or chew tobacco products at any time while in police headquarters or in a police
department vehicle. Members shall not smoke or chew any tobacco products while on duty and interacting
with the public.

3.4.10 Driver’s license – (Class 2 offense)
A.
Employees required to operate department vehicles in the performance of duty shall maintain a valid
New Jersey driver’s license.
B.
Whenever a driver’s license is revoked or suspended the employee shall immediately notify his
immediate supervisor giving full particulars.
3.4.11 Crimes/offenses involving moral turpitude – (Class 1 offense)
Any employee who commits a 1st, 2nd or 3rd degree crime, or any offense involving moral turpitude that
touches his position as a police officer shall be considered unfit for continued employment.
Section 5

Investigations

3.5.1

Investigations – (Class 3 offense)
All employees involved in any official department investigation of any matter will fully comply with the policies
and procedures of the department governing same.

3.5.2

Confidentiality
A.
Employees shall keep confidential any business of the department that is not a matter of public
concern and shall not impart confidential information to anyone except those for whom it is intended,
or as directed by their supervisor – (Class 2 offense)
B.
Employees shall keep confidential information that is not considered public information pertaining to
department events, operations, arrests or other activities without authorization of the Chief of Police
or his designee – (Class 3 offense)
C.
Employees shall not make known to any person, any department order which they might receive,
unless so required by the nature of their assignment. (Class 4 offense)

3.5.3

Reports
A.
Employees shall not exhibit or divulge the contents of any department record or report to any person,
except on approval of the Chief of Police, or under due process of law, or as directed by department
procedure. (Class 2 offense)
B.
Employees shall not destroy or permanently remove from its proper location any official record/police
report without proper authorization. (Class 2 offense)
C.
Employees may copy or remove official records/reports from police headquarters in accordance with
the procedures established in the departmental manual. (Class 3 offense)

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3.5.4

Cooperation – (Class 2 offense)
Employees are required to fully answer all questions, file reports, or render material or relevant statements,
in any authorized departmental investigation when such questions and statements are directly related to job
responsibilities or a legitimate departmental interest.

3.5.5

Unauthorized investigations - (Class 2 offense)
Employees will not self assign any investigation (criminal, internal, civil or private) or other law enforcement
action not part of their regular assigned duties without obtaining permission from their supervisor, unless the
situation requires immediate law enforcement action. In those cases, a written report will be completed as
soon as is practical thereafter.

Section 6

Compromising Criminal Cases

3.6.1

Interference with legal process – (Class 2 offense)
Employees shall not attempt to interfere with the legal process, except through official departmental channels
in situations where a manifest injustice might otherwise occur, nor participate in or be concerned with any
activity which might interfere with the process of law.

3.6.2

Traffic cases – (Class 2 offense)
Employees shall not attempt to have any traffic summons or notice to appear stricken from the calendar,
except in connection with legitimate criminal justice interests and then done in conformance with established
court procedures. In any instance where it becomes necessary to void a traffic or criminal summons or
warrant, officers will follow the procedure set forth in the departmental manual.

3.6.3

Assisting criminals
A.
Employees shall not directly or indirectly assist persons to escape arrest or punishment for any
unlawful activity. (Class 2 offense)
B.
Employees shall not directly or indirectly assist persons to dispose of or secrete evidence of unlawful
activity or money, merchandise, or other property unlawfully obtained.
(Class 1 offense)

Section 7

Prisoners

3.7.1

Assisting escape – (Class 1 offense)
Employees shall not communicate any information that may aid a person to escape custody or arrest, nor
shall they directly or materially aid a person to escape custody or arrest.

3.7.2

Recommending an attorney or bail bond broker – (Class 3 offense)
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.

3.7.3

Acting as bailer prohibited – (Class 2 offense)
Employees cannot act as bailer for any person in custody, except relatives, or in any case where any fee,
gratuity or reward is solicited or accepted.

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Section 8

Conduct toward the public

3.8.1

Courtesy – (Class 5 offense)
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 always remain calm regardless of the
provocation to do otherwise. They shall attend to requests from the public quickly and accurately, avoiding
unnecessary referral to other parts of the department.

3.8.2

Professional demeanor – (Class 5 offense)
Employees shall avoid giving the appearance they are evading the performance of their duty or are
disinterested in problems of persons who may be transferred for service. Employees will not belittle a
seemingly trivial request, complaint, or piece of information.

3.8.3

Identification as a police officer (Class 5 offense)
Except where impractical or where identity is obvious, members shall identify themselves by displaying the
official badge or identification card prior to taking any police action.

3.8.4

Request for identification – (Class 5 offense)
Upon request, employees are required to provide their name and badge numbers, if applicable, in a
courteous manner.

3.8.5

Impartiality – (Class 3 offense)
A.
Employees shall not exhibit bias or favoritism toward any person because of race, sex, sexual
orientation, creed, color, national origin, ancestry, or influence, nor shall they allow their personal
interests to interfere with objectivity concerning police matters.
B.
Unwarranted interference by officers under the color of law in the private business of others when
not in the interest of justice is strictly prohibited.

3.8.6

Use of derogatory terms – (Class 3 offense)
Employees shall not use language that is derogatory to anyone because of race, sex, sexual orientation,
creed, color, national origin, ancestry, or influence.

3.8.7

Availability while on duty – (Class 4 offense)
Employees while on duty shall not conceal themselves except for some police purpose. They shall be
immediately and readily available to the public during duty hours.

3.8.8

Response to calls – (Class 3 offense)
Members shall respond without unnecessary delay to all calls for police assistance from citizens and other
members. Members shall answer all calls directed to them unless otherwise directed by competent authority.

3.8.9

Public statements – (Class 2 offense)
Employees shall not make public statements concerning the actions, plans, policies, or affairs of the
department which may impair or disrupt the operation of the department or which are obscene, unlawful,
defamatory, or otherwise prohibited by written directive or rule and regulation.

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3.8.10 Affiliation with certain organizations prohibited – (Class 3 offense)
Employees shall not join, nor shall they affiliate themselves with any organizations whose constitution
embraces provisions that might in any way prevent the proper and efficient functioning of the department.
This prohibition does not apply to "the active military or naval service of the United States or of this state, in
time of war or an emergency, or during any period of training, or pursuant to or in connection with the
operations of any selective service system”. (Source: N.J.S.A. 38:23-4)
3.8.11 Affiliation with radical groups – (Class 3 offense)
No employee, except in the discharge of police duties, shall knowingly associate with or have any dealings
with any person or organization which advocates the violation of law, or which professes hatred, prejudice, or
oppression against any racial or religious group or political entity.
3.8.12 Publicity – (Class 5 offense)
Employees shall not seek personal publicity in the course of their employment.
3.8.13 Commercial testimonials – (Class 4 offense)
Employees shall not permit their names or photographs to be used to endorse any product or service that is
in any way connected to law enforcement without the permission of the Chief of Police. They shall not allow
their names or photographs to be used in any commercial testimonial that alludes to their position or
employment with the department without prior authorization from the Chief of Police.
Section 9

Political Activities

3.9.1

Political activities prohibited – (Class 2 offense)
Members shall not actively engage in political campaigns and activities, while in uniform or on duty.
Employees shall not directly or indirectly use or attempt to use their official position to influence the political
activity of another.

3.9.2

Off duty political activities – (Class 3 offense)
Members may engage in off duty political activities except when such activities will harm or impair the
operation or discipline of the department.

3.9.3

Election to public office – (Class 2 offense)
Members shall not be candidates for or hold office in elective public positions or political organizations within
or inclusive of the Town of Newton unless authorized to do so by the county prosecutor.

3.9.4

Soliciting prohibited – (Class 2 offense)
Employees shall not solicit contributions for political purposes while on duty, nor shall they interfere with or
use the influence of their office for political reasons.

3.9.5

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

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3.9.6

Polling duties – (Class 3 offense)
Members shall not engage in any polling duties while on-duty. Any member working at a polling place while
off duty shall not have an exposed firearm or exhibit ANY evidence of his employment as a police officer.

3.9.7

Displaying of political material – (Class 3 offense)
Employees shall not display any political material on any government property or on their person while on
duty or in uniform.

Section 10

Judicial Appearances and Testimony

3.10.1 Testifying for the defense – (Class 3 offense)
Any employee subpoenaed or requested to testify for the defense in any legal proceeding or against the
township or department in any hearing or trial shall notify the Chief of Police immediately upon receipt of the
subpoena or request.
3.10.2 Contact with the defense – (Class 3 offense)
Any employee contacted by the defense in any legal or administrative proceeding brought by the town, or
plaintiff in any legal or administrative proceeding brought against the town, shall immediately notify the Chief
of Police.
3.10.3 Civil action – expert witnesses – (Class 4 offense)
Employees shall not volunteer or agree to testify as expert witnesses in civil actions without the prior written
approval of the county prosecutor.
3.10.4 Civil process – (Class 5 offense)
Employees shall not serve civil process or assist in civil cases unless such service is approved by their
immediate supervisor.
3.10.5 Court appearances; subpoenas – (Class 3 offense)
Employee shall honor all lawfully issued subpoenas and shall promptly appear for all scheduled judicial
proceedings when notified by subpoena or other established departmental procedure.
Section 11

Personnel Regulations

3.11.1 Hours of duty
Employees shall have regular hours assigned to them for active duty, and when not so engaged, they shall
be considered off duty. Employees are subject to be recalled to duty as needed.
• Department members shall remain responsible to their supervisor and are subject to assignment during
meal breaks.
• Training sessions are considered a duty assignment and members attending training are subject to
assignment as deemed necessary.
3.11.2 Sick leave/workman’s compensation – (Class 2 offense)
Employees will not pretend illness or injury, falsely report themselves to be injured or ill, or otherwise deceive
or attempt to deceive a supervisor or the town as to their health.

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3.11.3 Absences without leave for five consecutive days – (Class 1 offense)
Except as otherwise provided by law, any permanent member or officer of this police department who shall
be absent from duty without just cause or leave of absence for a continuous period of five days shall cease to
be a member of this police department. (Reference: N.J.S.A. 40A:14-122).
3.11.4 Compensation for damages – (Class 4 offense)
Employees who have sustained injury while on or off duty and who have received salary from the town 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.
3.11.5 Fitness for Duty
The Chief of Police shall have the authority, in conjunction with his responsibility for the disposition and
discipline of the department, to require psychological and medical examinations for any employee for the
purpose of determining the employee’s fitness for duty.
3.11.6 Resignation
All resignations of employees must be tendered in writing and bear the signature of the person resigning.
Employees shall provide the Chief of Police with no less than two (2) weeks written notice. Once tendered,
the town has the right to rely on the resignation and it will be considered non-rescindable unless approved by
the Town Manager.

ARTICLE IV DISCIPLINARY CODE
Section 1

Departmental Discipline

4.1.1

Purpose
The department has established this disciplinary process as a means of achieving the below listed objectives
through the reasonable and consistent application of discipline to address breaches of the code of conduct,
and:
A.
Insure the highest professional standards for law enforcement within the agency.
B.
Providing citizens with a fair and effective avenue for redress of their legitimate grievances against
law enforcement officers.
C.
Protect employees from false charges of misconduct or wrongdoing and provide accused officers
with due process safeguards.
D.
Monitoring officers’ compliance with laws, ordinances, and departmental rules, regulations, policies,
procedures, directives and orders.
E.
Identifying problem areas in which increased training or direction is necessary.

4.1.2

Factors
Disciplinary action shall be imposed to accomplish the purposes of the disciplinary process and shall take
into account all of the aggravating and mitigating factors of the case, including, but not limited to:
A.
Nature of the offense.
B.
The disciplinary record of the accused officer.
C.
The need to deter the accused officer or other officers from similar conduct.
D.
The harm or potential for harm resulting from the conduct.
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4.1.3

Disciplinary action
Department employees, regardless of rank, shall be subject to disciplinary action, according to the nature 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 the Town Municipal Code, or failure, either willfully or
through neglect or incompetence, to perform the duties of their rank or assignment; or for violation of any
rule, procedure or written directive of the department; or for failure to obey any lawful instruction, order or
command of a superior officer. Disciplinary action in all cases will be decided on the merits of each case and
in conformity with controlling state law.

4.1.4. Departmental Authority to Discipline
Except as otherwise provided in N.J.S.A. 40A:14-147 to 151 inclusive and Town of Newton Ordinances, the
Department disciplinary authority and ability rests with the Chief of Police. With the exception of oral and
written reprimands and emergency suspensions, department discipline must be taken or approved by the
Chief of Police and must be in accordance with departmental procedures.
4.1.5

Penalties
The department shall establish a scale of penalties that may be assessed against any employee of the
department as disciplinary action:
A.
Minor Discipline – employee not entitled to a hearing
1.
Training
2.
Counseling
3.
Oral reprimand
4.
Written reprimand
B.
Major Discipline – employee entitled to hearing before the Appropriate Authority
1.
Surrender of leave time in lieu of other action
2.
Suspension with pay
3.
Suspension without pay
4.
Loss of promotion opportunity
5.
Demotion
6.
Termination

4.1.6

Causes for removal
Any one of the following may be cause for removal from the service, although removals may be made for
sufficient causes other than those listed:
A.
Neglect of duty.
B.
Incompetence or inefficiency.
C.
Incapacity due to mental or physical disability.
D.
Insubordination or serious breach of discipline.
E.
Intoxication while on duty.
F.
Illegal drug usage.
G.
Chronic or excessive absenteeism.
H.
Disorderly or immoral conduct.
I.
Willful violation of any of the provisions of the rules and regulations or other statutes relative to the
employment of public employees.
J.
The conviction of any criminal act.

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K.
L.
M.
N.
O.

Negligent or willful damage to public property or waste of public supplies.
Conduct unbecoming an employee in the public service.
Conduct unbecoming a police officer.
The use or attempted use of one’s authority or official influence to control or modify the political
action of any person.
Lying, misrepresentations, falsifications in written/oral reporting or official inquiry.

4.1.7

Repeated violations – (Class 1 offense)
Repeated violations of the rules and regulations, policies, procedures, directives or orders shall be indicative
of an employee’s disregard of the obligations of all employees and shall be cause for dismissal. This shall
apply regardless of the severity of the offense and reckoning period, and regardless of whether the violations
are of the same type.

4.1.8

Relationship of penalties to offense
The information contained herein is intended to guide the Appropriate Authority in administering fair and
uniform punishment for violations of the rules and regulations of the department. The suggested penalties
shall in no way limit the penalty that the Appropriate Authority may elect to impose.

4.1.9

Classes of offenses – recommended penalties
A.
Class 1 Offense – Violation of any rule designated as a Class 1 Offense may result in disciplinary
action as follows:
1st offense – dismissal
B.
Class 2 Offense – Violation of any rule designated as a Class 2 Offense may result in disciplinary
action as follows:
1st offense – 3 day suspension to dismissal
Standard
2nd offense – 10 day suspension to dismissal
26.1.4.c
3rd or subsequent offense - dismissal
C.
Class 3 Offense – Violation of any rule designated as a Class 3 Offense may result in disciplinary
action as follows:
1st offense – reprimand to 6 month suspension
2nd offense –3 day suspension to dismissal
3rd or subsequent offense – dismissal
D.
Class 4 Offense – Violation of any rule designated as a Class 4 Offense may result in disciplinary
action as follows:
1st offense – reprimand to 30 day suspension
2nd offense – reprimand to 6 months suspension
3rd or subsequent offense – 20 day suspension to dismissal
E.
Class 5 Offense – Violation of any rule designated as a Class 5 Offense may result in disciplinary
action as follows:
1st offense – reprimand to 5 day suspension
2nd offense – reprimand to 30 day suspension
3rd or subsequent offense – 5 day suspension to dismissal

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4.1.10 Authority to impose major discipline
The Appropriate Authority may suspend with or without pay, demote or dismiss an employee due to
inefficiency, incompetence, misconduct, negligence, insubordination, violation of the rules and regulations or
for other sufficient cause.
Section 2

Disciplinary Procedure

4.2.1

Establishing a violation
Existence of facts establishing a violation of a law, ordinance, or rule is all that is necessary to support any
allegation of such violation as a basis for disciplinary action. Nothing in this manual prohibits disciplining or
charging employees merely because the alleged act or omission does not appear herein if such conduct is
otherwise without lawful purpose and violates some law, ordinance, or rule governing the officer’s conduct at
the time it occurred or is otherwise such an egregious or blatant act that would be universally recognized as
misconduct.

4.2.2

Discipline by supervisory personnel
Supervisory personnel may take the following disciplinary measures:
A.
Counseling
B.
Oral reprimand.
C.
Written reprimand (subject to the approval of the Lieutenant or Chief of Police).
D.
Emergency suspension until the next business day.
E.
Written recommendations for other penalties.

4.2.3

Emergency suspensions
A.
Any superior officer may immediately suspend an employee from duty if they determine one of the
following exist:
1.
The employee is unfit for duty; or
2.
The employee is a hazard to any person if permitted to remain on the job; or
3.
An immediate suspension is necessary to maintain safety, health, order or effective direction
of public services; or
4.
The member has been formally charged with a crime of the first, second or third degree, or a
crime of the fourth degree on the job or directly related to the job.
B.
In accordance with N.J.S.A. 40A:14-149.1 Notwithstanding any other law to the contrary, whenever
any municipal police officer is charged under the law of this State, another state, or the United
States, with an offense, said police officer may be suspended from performing his duties, with pay,
until the case against said officer is disposed of at trial, until the complaint is dismissed, or until the
prosecution is terminated; provided , however, that if a grand jury returns an indictment against said
officer , or said officer is charged with an offense which is a high misdemeanor or which involves
moral turpitude or dishonesty, said officer may be suspended from his duties, without pay, until the
case against him is disposed of at trial, until the complaint is dismissed or until the prosecution is
terminated. The Chief of Police shall immediately submit a report explaining such action to the
Town Manager.

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4.2.4

Emergency inter-departmental disciplinary action
When the improper conduct of a member or employee of one division\bureau\unit is of such nature that
immediate or emergency disciplinary action is required of a command or supervisory officer of another
division\bureau\unit, such action may be taken at once within the following limitations:
A.
Oral reprimand.
B.
Emergency suspension until the next business day.

4.2.5

Inter-departmental oral reprimand
When the commanding or supervisory officer of one division orally reprimands a member or employee of
another division, he shall notify the supervisor of the member or employee so disciplined as soon as
possible. He shall also submit a written report of this action and the reason therefore to his commanding
officer and also the commanding officer of the member or employee.

4.2.6

Follow-up on 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 scheduled by the Chief of Police. The commanding or supervisory officer
imposing or recommending the suspension shall also report to the Chief of Police at the same time.

4.2.7

Reports of disciplinary action taken or recommended
Whenever any disciplinary action is taken or recommended (except for oral reprimands), a written report
must be submitted immediately to the Chief of Police containing the following information:
A.
The name, rank, badge number, and present assignment of the person being disciplined.
B.
The date, time and location of the incident.
C.
The section number and name of the violated rule.
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 position in relation to
the member or employee being disciplined.

4.2.8

Endorsement and forwarding of disciplinary reports
Each level in the chain of command must review, sign and forward reports bearing on disciplinary matters.
Such endorsement may be one of approval, disapproval, or modification. No employee shall alter or cause
to be altered or withdrawn any disciplinary report. 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 departmental procedures.

4.2.9

Informing the person being disciplined
The member being disciplined shall be so informed of the charges, in writing, as provided by
N.J.S.A. 40A:14-147 and section 4.3.1 of these rules and regulations. The member shall be granted all
procedural rights and safeguards as provided by law.

4.2.10 Misconduct observed by police personnel
Whenever any commanding officer or supervisory officer observes or is informed of the misconduct of
another member or employee, which indicates the need for disciplinary action, he shall take authorized and
necessary action and render a complete written report of the incident and his actions to his commanding
officer.

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4.2.11 Investigator’s authority
Investigators assigned to an investigation are the direct representative of the Chief of Police and, as such,
shall receive the cooperation of all employees 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 doing
so, he must remain objective and thorough when submitting his report. His 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.
Section 3

Departmental Disciplinary Hearings

4.3.1

Charges
When an internal investigation establishes reasonable belief that a member is guilty of violating a department
rule or regulation, penalty for which entitles the member to a hearing as provided for in sections 4.3.2 &
4.4.1, a Preliminary Notice of Disciplinary Action shall be prepared and personally served upon the
respective member. The charges shall contain:
A.
The name, address and title of the member against whom the action is being instituted.
B.
The rule, regulation, law or ordinance violated; or a description of other misconduct being charged.
C.
Specification of the alleged facts upon which the charges are based.
D.
The time, date and place at which the hearing is scheduled to be held.
E.
The signature of the proper authority and his official title.

4.3.2

Hearings
A.
The disciplinary hearing shall be scheduled during the business day, but no sooner than ten (10)
days and no 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.
B.
Where a disciplinary hearing has been postponed pending the determination of criminal or quasicriminal charges filed on the basis of the same factual situation which gave rise to the departmental
charges, said departmental hearing must be held within thirty (30) days after the department
receives notice of such disposition. The duty to advise the department that said judicial
determination has been made is that of the respective member.
C.
Personal service is actual service upon any employee as well as actual service upon any member of
the employee’s household over eighteen (18) years of age residing in the residence of said
employee.
D.
All disciplinary hearings shall be closed to the public unless the defendant officer requests an open
hearing. In such case, the department reserves the right to petition the hearing officer to conduct a
closed hearing if a legitimate reason exists for such request.
E.
Every member formally charged with a violation of department rules and regulations shall have the
opportunity to testify in his own defense, produce relevant evidence in support of his defense,
produce competent witnesses to testify to relevant matters in support of his defense and crossexamine any witness who has testified against him.
F.
The Chief of Police may prosecute the complaint himself or request the Town to appoint a qualified
representative to present the case.
G.
The Town Manager shall be the hearing officer charged with the responsibility of conducting the
necessary hearings with respect to the aforementioned charges. The Town Manager may appoint a
qualified representative to serve as hearing officer to prepare findings of fact and recommendations
as to violations and quantum and type of punishment, if any.

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H.

I.

J.
K.
L.
M.

N.
O.

4.3.3

In order that all parties may be afforded a fair and equal opportunity to be heard and that the hearing
officer may be completely informed in the matter and enabled to render a proper determination
based on all the facts and applicable laws and rules, all hearings shall be conducted in an informal
manner, without reference to any formal rules or procedure.
The hearing officer may, at his/her discretion, clear the hearing room of all persons, including
witnesses not under examination or testifying. 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.
The hearing officer shall admit all testimony having reasonable, probative value, but shall exclude
immaterial, irrelevant or unduly cumulative testimony.
The hearing officer shall give effect to the rules of privilege as provided by law, but no person shall
be excused from testifying or presenting evidence on the ground of possible self-incrimination with
regard to an administrative disciplinary matter.
The member is presumed innocent and the burden of proof is upon the department to prove the
member’s guilt by a preponderance of the credible evidence presented during said hearing.
All hearings may (in the discretion of the respective hearing officer) be recorded by:
1.
A certified shorthand report; or
2.
Stenographers, duly sworn to make an accurate stenographic recording of the proceeding;
or
3.
Sound recording device to be operated under the supervision and direction of the hearing
officer.
After considering all the evidence in support and in defense of the particular charge of misconduct,
the respective hearing officer shall consider same and render his/her verdict as soon as practical
thereafter.
Although the verdict may be verbal at the time of the hearing, the determination must be reflected
upon a final notice of disciplinary action that must be personally served upon the respective member
as soon as practical after the termination of said disciplinary hearing.

Appeals
A.

Appeal to Department of Personnel
1.
2.

Section 4
4.4.1

Any member of the Department who has been tried and convicted upon any disciplinary
charge or charges may obtain review by the Department of Personnel pursuant to N.J.S.A.
11A:1-1 et seq. and N.J.A.C. 4A:2-1.1 et seq.
Disciplinary charges appealed to the Department of Personnel transmitted for hearing to the
Office of Administrative Law before an Administrative Law Judge shall be adjudicated in
compliance with N.J.A.C. 1:1-1.1 et seq.

Members Rights during Departmental Investigations and Disciplinary Hearings

Hearing
Each member is entitled to a hearing before the Appropriate Authority or his designee, for any charge that
exposes the employee to discipline as follows:
A.
Surrender of leave time
B.
Suspension with pay
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C.

Suspension without pay
D.
Loss of promotion opportunity
E.
Demotion
F.
Termination

4.4.2

Confidentiality
Other than the official findings and attendant penalties, every internal investigation and subsequent
departmental hearing shall be considered privileged and confidential information and same shall not be made
public and/or released to any non-governmental agency.

4.4.3

Scope of interviews
Investigations shall be limited to matters of legitimate concern to the police department. Those issues
include:
A.
Violation of any federal or state statute or local ordinance.
B.
Violation of any rule, regulation, policy, procedure, written directive or order of the police department.
C.
Activities, circumstances, conditions or events that:
1.
Threaten the safety of the public or the employees of the department;
2.
Threaten efficiency, discipline or good order of the department;
3.
Damage the reputation or integrity of the police department;
4.
Diminish the ability of the police department to carry out its public safety function.
D.
The fitness of continued employment of any employee.
E.
The performance of official duties of any employee of the police department.
F.
The conduct of any employee that may form the basis for disciplinary action.

4.4.4

Conduct of interviews
A.
All employees have a duty to answer all questions truthfully and completely.
1.
Truthfulness is the key to the proper function of any police department. Officers must know
that during any official inquiry they are not at liberty to decide when they will tell the truth.
Officers must be truthful at all times. When an officer willfully lies in an official inquiry he:
a.
Frustrates the investigative effort that he is obligated to assist.
b.
Destroys his own credibility, which is an essential tool for the completion of his
duties.
c.
Damages the credibility of the department and the law enforcement community as a
whole.
d.
Frustrates the law enforcement function that he is sworn to uphold.
2.
Integrity is the most critical of all minimum requirements to function effectively as a police
officer. When it is lost, the ability to carry out the duties of a police officer are lost with it.
For these reasons the standard penalty for lying in any official inquiry will be termination. An
officer may not be subject to dismissal for a specific act of misconduct, however, if he lies
about it he surely will.
B.
No questioning or investigative effort shall be initiated arbitrarily for personal or other reasons that
are unrelated to the maintenance of departmental efficiency or integrity.
C.
During the course of an investigation, employees have a duty to voluntarily disclose any relevant
information that may assist in proving or disproving an allegation under investigation.

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4.4.5

Due process
Although the department can utilize any form of investigative procedure pursuant to an internal investigation
that is fair and reasonably calculated to achieve its objective, the nature or utilization of same must not
violate the basic concepts and substantive due process of law.

4.4.6

Coercion
Although cooperation of an employee is demanded under threat of disciplinary action (including job
forfeiture), said employee shall not be questioned or subjected to investigative efforts under circumstances
that would render such statements void as being coerced.

4.4.7

Advisement of member
A.
Exclusive of the normal reporting duties incidental to the performance of official duties, a member
subjected to questioning shall be advised of the following:
•
Whether he is being questioned or required to submit to investigative efforts as a suspect or a
witness.
•
The identity of his interrogator as well as the identity of all persons present at the time of the
interrogation.
•
The nature of the investigation and facts sufficient to apprise the member of the existing
allegations.
B.
Nothing in this section shall prohibit any supervisory officer from questioning an employee in an
emergent situation when such questioning appears immediately necessary to insure the public
safety or to preserve the order of the police department.
C.
Nothing in this or any other section shall be deemed as justification for an employee providing false
information.

4.4.8

Time limitations
In accordance with N.J.S.A. 40A:14-147 a complaint charging a violation of rules and regulations shall be
filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient
information to file the matter upon which the complaint is based. The 45-day time limit shall not apply if an
investigation of a member or employee for a violation of a rule and regulation is included directly or indirectly
within a concurrent investigation of that member or employee for a violation of the criminal laws of this State.
The 45-day limit shall begin on the day after the disposition of the criminal investigation. The 45-day
requirement of this paragraph for the filing of a complaint against a member or employee shall not apply to a
filing of a complaint by a private individual.

4.4.9

Representation
Employees are entitled to have a representative of their choice in attendance during an internal affairs
interview. The investigator shall allow any employee a reasonable amount of time for the desired
representative to attend. The representative shall be an observer only and may not actively participate in the
interview.

4.4.10 Polygraph
No employee shall be ordered or asked to submit to a polygraph (lie detector) test for any reason. Such test
may be given, however, if requested by the employee.

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4.4.11 Settlement agreement
Nothing shall prohibit a member from directly negotiating a settlement agreement with the Chief of Police or
Appropriate Authority concerning the disposition of a disciplinary matter. If a settlement is reached
concerning the disposition of a pending disciplinary matter, a memorandum of Agreement as to Disciplinary
Action shall be fully executed by the effected member, Chief of Police and Appropriate Authority

ARTICLE V SEXUAL HARASSMENT
Section 1
5.1.1

Sexual harassment Policy

Standard
26.1.3

Policy
A.
The Town of Newton (the “Town”) prohibits discrimination in any form. This includes discrimination
on the basis of race, creed, color, national origin, ancestry, age, marital, familial or domestic
partnership status, affectional or sexual orientation, disability (including AIDS and HIV infection)
genetic information, sex or atypical hereditary cellular or blood trait, liability for service in the Armed
Forces, nationality, or because of the refusal to submit to a genetic test or to make available the
results of a genetic test. While this policy specifically addresses workplace sexual harassment,
which is a form of sex discrimination, the prohibition and the complaint procedure in this policy apply
to any type of unlawful discrimination.
B.

Workplace and work-related sexual harassment of employees is unlawful and will not be tolerated by
the Town. To achieve the goal of providing a workplace free from sexual harassment, the Town has
included in this policy definitions and examples of conduct, which will not be tolerated and have
provided a procedure by which employees who believe they have encountered sexual harassment
can complain. Because the Town takes sexual harassment seriously, it will respond promptly to
complaints of sexual harassment by conducting an investigation and, where it is determined that
such inappropriate conduct has occurred, the Town will act promptly to eliminate the conduct and
impose such corrective action as is necessary.

C.

It should be noted that while this policy sets forth the Town’s goals of promoting a workplace that is
free of sexual harassment, the policy is not designed or intended to limit the Town’s authority to
discipline or take remedial action for workplace conduct which it deems unacceptable regardless of
whether that conduct satisfies the definition of sexual harassment.

D.

This policy shall apply to all employees of the Town, both in the uniformed and non-uniformed
services, and to any individuals who serve as volunteers. This policy shall replace all prior policies
and procedures, which may have been used to report, investigate, and remediate sexual harassment
complaints.

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5.1.2

Sexual Harassment Defined
A.
Sexual harassment is a sex-related behavior which affects tangible job benefits or which interferes
with an individual’s work performance, or which creates an intimidating, hostile or otherwise
offensive work environment. Unwelcome sexual advances (either verbal or physical), requests for
sexual favors, or other verbal or physical conduct of a sexual nature, constitutes sexual harassment
when:
1.

Submission to such conduct is a term or condition of employment (e.g., promotion, training
or overtime assignments); or

2.

Submission to or rejection of the conduct is used as a basis for making employment
decisions; or

3.

The conduct has the purpose or effect of interfering with an individual’s work performance,
or creating an intimidating, hostile or offensive work environment.

Although it is not possible to list all conduct which constitutes sexual harassment, the following are
examples of conduct which, if unwelcome, may constitute sexual harassment depending upon the
totality of the circumstances, including the severity of the conduct and its pervasiveness:
•

Unwelcome sexual advances, whether they involve physical touching or not;

•

Sexual epithets, jokes, written or oral reference to sexual conduct, gossip regarding
one’s sex life, comment on an individual’s body, comment about an individual’s sexual
activities, deficiencies, or prowess;

•

Displaying sexually suggestive objects, pictures, or cartoons;

•

Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or
insulting comments of a sexual nature; and

•

Inquiries into or discussion of one’s sexual experiences or activities;

In addition, requests by a supervisor for sexual favors in exchange for actual or promised job
benefits – such as favorable reviews, salary increases, promotions, increased benefits, or continued
employment – constitute sexual harassment.
5.1.3

Standard
26.1.3

Complaints of Sexual Harassment
Complaints of sexual harassment or any other form of discrimination shall be made, in writing, through the
established chain of command. In any situation where the supervising officer is involved in the conduct at
issue, the member or employee shall make the report directly to the Chief of Police or the Town Manager if
the conduct involves the Chief of Police.

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5.1.4

Non-Retaliation
Retaliation against an individual who has complained about sexual harassment, and retaliation against
individuals for cooperating with an investigation of a sexual harassment complaint, is unlawful and will not be
tolerated by the Town. This prohibition also applies whenever an individual complains of any form of illegal
discrimination.

5.1.5

Investigation of Sexual Harassment Complaints
Sexual Harassment and Discrimination complaints will be investigated in accordance with the Internal Affairs
policies and procedures of the Department. Any investigation will be conducted in such a way as to maintain
confidentiality to the extent possible.

5.1.6

Disciplinary Action
If it is determined that a member or employee has engaged in conduct prohibited by this policy, the Town will
take appropriate action which may include disciplinary action up to and including termination.

Newton Police Department Rules and Regulations – Promulgated 09/23/2008