§ A950-11. Rules of discipline., Chapter A950. Police Department Rules and Regulations, Appendix, Code of Ordinances, Red Bank

Disciplinary action.

(1)

Violation of any provisions of this manual, or the following causes or violations of department rules and regulations shall be sufficient to subject any member to disciplinary action, although such action shall not be deemed to be limited to those here listed.

(2)

Willful or neglectful disobedience of orders.

(3)

Disrespect to a superior officer or municipal officer.

(4)

Indulging in intoxicants while in uniform.

(5)

Indecent or profane language.

(6)

Unnecessary violence to a prisoner or others.

(7)

Absence without leave.

(8)

Sleeping on duty.

(9)

Absence from post or duty without the express permission of a superior officer.

(10)

Improper patrol of post.

(11)

Neglect in paying just debts.

(12)

Immorality, indecency or lewdness.

(13)

Lack of diligence or gross ignorance of departmental rules and regulations.

(14)

Inefficiency, due to mental or physical incapacity.

(15)

Feigned illness.

(16)

Violation of any criminal law.

(17)

Entering any premises where intoxicating liquor is sold or furnished while in uniform except in the course of police duty.

(18)

For making known any proposed action or movement of the Police Department, or for revealing any departmental order, other than to those persons immediately concerned in their execution.

(19)

Conduct unbecoming an officer and gentlemen.

(20)

Conduct subversive to the good order and the discipline of the Department.

(21)

Publicly commenting upon the official action of any public official or departmental member.

(22)

Failure to attend drill or school of instruction at the time fixed or whenever ordered.

(23)

Failure to report a known violation of the law, or the ordinances of the Borough.

(24)

Swearing falsely in application for appointment to the Department of police, or to such other papers as required of him as affidavit in accordance thereto.

(25)

Soliciting anyone to intercede with the Chief of Police, Police Committee, Mayor or members of the Council in relation to promotion assignments, disposition of pending charges, or findings in a departmental trial or other related matter.

(26)

Neglect of duty. Any violation or offense not specifically set forth above in respect to discipline will be charged under this section.

Who is subject to disciplinary action. Members of the Department, regardless of rank, shall be subject to disciplinary action, according to the nature or aggravation of the offense, for violating his oath and trust by committing an offense punishable under the laws or statutes of the United States, the State of New Jersey or Borough ordinances or failure, either willfully or through negligence or incompetence, to perform the duties of their rank or 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 officer. Disciplinary action in all cases will be decided on merits of each case.

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

(1)

Oral reprimand.

(2)

Written reprimand.

(3)

Voluntary surrender of time off in lieu of other action.

(4)

Voluntary surrender of accumulated overtime in lieu of other action.

(5)

Suspension.

(6)

Demotion.

(7)

Removal from the service.

Departmental authority to discipline. Within the limitations set forth in the Rules or N.J.S.A. 40A:14-147 to 150, inclusive, and Borough ordinances, the Departmental disciplinary authority and responsibility rests with the Chief of Police. Except for oral reprimands and emergency suspensions, departmental discipline must be taken or approved by the Chief of Police. Other supervisory personnel may take the following disciplinary measures:

(1)

Oral reprimand.

(2)

Written reprimand (subject to approval by the Chief of Police).

(3)

Emergency suspension.

(4)

Written recommendations for other penalties.

Emergency suspension. Any command or supervisory officer shall have the authority to impose emergency suspension until the next business day against a member or employee when it appears that such action is in the best interests of the Department. This will only be in effect if the Chief of Police isn't available.

Emergency interdivisional 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 command or supervisory officer of another unit, such action may be taken at once within the following limitations:

(1)

Oral reprimand.

(2)

Emergency suspension until the next business day.

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

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 9:00 a.m. unless otherwise directed by competent authority.

Reports of disciplinary action taken or recommended. Whenever disciplinary action is taken or recommended (except for oral reprimand), a written report must be submitted immediately in triplicate containing the following information:

(1)

The name, rank, badge number and present assignment of the person being disciplined.

(2)

The date(s) and time(s) of the misconduct and location(s).

(3)

The section number(s) of this manual violated and common name of the infraction.

(4)

A complete statement of the facts of the misconduct.

(5)

The punishment imposed or recommended.

(6)

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

Distribution of reports of disciplinary action. The report shall be distributed as follows by the officer imposing or recommending the disciplinary action:

(1)

Original to the Chief via the chain of command.

(2)

Duplicate to subject's commanding officer.

(3)

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 received. Such endorsement may be one of approval, disapproval, or modification. No member or employee shall alter or cause to be altered or withdraw, 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 directives.

Informing the person being disciplined. The member or employee being disciplined shall be informed of the charges and penalties, if any, assigned at the time such action is taken. Such charges shall be in writing.

Appeals from penalties. Appeals from penalties as disciplinary measures may be taken as provided in the Rules, or N.J.S.A. 40A:14-147 to 150, inclusive, and the Borough ordinances.

Misconduct observed by police personnel. Whenever any command 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 report of the incident and his actions to his commanding officer.