MANALAPAN TOWNSHIP POLICE DEPARTMENT
|
Directive Number GO 06-016
|
Effective Date June 1, 2006 |
Acc. Code 26.1.4,
26.1.6, 52.1.1-52.2.8 |
Applicability ALL |
No. of Pages 15 |
|||||
|
Internal Affairs |
|||||||||
|
Source Document/Authority Miranda v. Garrity v. MTPD Rules and Regulations NJ Attorney General Guidelines |
Date of Publication June 1, 2006 |
||||||||
|
Supersedes Order Number(s) GO 96-002,
SOP 99-020, GO 06-016R |
|||||||||
|
Author Capt. L. Moreto |
Special Instructions |
||||||||
|
Revision History |
|||||||||
|
Date |
Page/Section |
Approved
By |
Date |
Page/Section |
Approved
By |
||||
|
10/01/08 |
All
Sections |
Chief
Brown |
|
|
|
||||
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
||||
|
Signature of Issuing
Authority |
|||||||||
I. PURPOSE
The Manalapan Township
Police Department is committed to
providing law enforcement services that are fair, effective, and impartially
applied. Toward that end, employees are
held to the highest standards of official conduct and are expected to respect
the rights of all citizens. Employee’s
adherence to these standards, motivated by a moral and professional obligation
to perform their job to the best of their ability, is the ultimate objective of
this agency.
The effectiveness of a law
enforcement agency is dependent upon public approval and acceptance of law
enforcement authority. The department
must be responsive to the community by providing formal procedures for the
processing of complaints from the public regarding individual officer
performance.
The purpose of this policy
is to improve the quality of law enforcement services. Citizen confidence in
the integrity of the Police Department increases through the establishment of
meaningful and effective complaint procedures.
This confidence creates community support for the Police Department. Improving the relationship between the Police
department and citizens they serve facilitates cooperation vital to the department's
ability to achieve its goals. This policy
shall be posted on the department’s web site so that citizens can access the
procedure to file complaints 24 hours a day.
An effective disciplinary
framework also permits the administration to monitor officer’s compliance with
policies and procedures. Adherence to
established policies and procedures assists employees in meeting agency
objectives. A monitoring system permits
supervisors to identify problem areas requiring increased training or direction. Finally, an effective disciplinary framework
will insure fairness and due process protection to citizens and employees
alike. Heightening officer awareness of
the rights afforded them when charged with misconduct will increase their
appreciation of comparable rights afforded citizen’s accused of a crime. The discipline process shall be used to
identify and correct unclear or inappropriate agency procedures. In addition the process will highlight
organizational conditions that may contribute to misconduct, such as poor
recruitment and selection procedures or inadequate training and supervision of
officers.
II. POLICY
The policy of this department
is to accept and investigate all complaints of alleged employee misconduct or
wrongdoing from any citizen, agency, or employee. Following a thorough and impartial
examination of the available factual information, the employee shall either be
exonerated or held responsible for the alleged misconduct. Discipline shall be administered according to
the degree of misconduct.
The policy of this department
is that officers and employees, regardless of rank, shall be subject to
disciplinary action for violating their oath or public trust. Committing an offense punishable under the
laws of the
The Policy of this department
is that supervisors conducting the investigation of any allegation of
misconduct must strive to conduct a thorough and objective investigation
without violating the rights of the employee or any other law enforcement employee,
and show proper respect to all members of the public. Accordingly, all
supervisors may be called upon to do an internal investigation and shall be
thoroughly familiar with the department’s internal affairs policy.
The policy of this department
is that prevention is the primary means of reducing and controlling misconduct.
Every officer shall be provided ready access to an official, agency-written
manual, via the intranet which contains specific directions for conducting all
aspects of law enforcement work.
Categories of misconduct shall be clearly described and defined, and the
disciplinary process shall be thoroughly explained. This department shall seek to discover and
correct organizational conditions, which permit the misconduct to occur. Special emphasis shall be placed on
recruitment, selection and training, community outreach, and the analysis of
misconduct complaints and their outcome.
All records of disciplinary
action including oral and written reprimands will be forwarded to and
maintained in secure files in the office of the Chief of Police. These files are accessible only to the Chief
of Police and internal affairs staff.
These disciplinary actions will become a permanent record of internal
affairs and shall be maintained in accordance with State of New Jersey Division
of Archives and Records Management Retention Schedules.
Supervisors shall check
with the Chief of Police or a Division Commander prior to giving an employee an
oral or written reprimand to ensure that the employee’s file does not already
have any disciplinary action for the same or similar offense, since the
principle of progressive discipline would indicate a more severe type of disciplinary
action should be taken.
III. DEFINITIONS
A. Major Disciplinary Action. Major
disciplinary actions are those which carry a penalty of suspension without
pay. Officers are entitled to a formal
hearing in a major disciplinary action if they so request.
B. Minor Disciplinary Action.
Minor
disciplinary actions are those which carry a penalty of an oral or written
reprimand. Employees are not entitled to
a formal hearing in minor disciplinary actions.
IV. PROCEDURES
A. Internal
Affairs Unit.
1. Established. The Internal Affairs Unit of the Manalapan
Township Police Department is herein established. The Administrative Division Commander shall
be the Internal Affairs officer. All
supervisors may be called upon by the Internal Affairs Officer to conduct an
investigation.
a. Goals. The goal of Internal Affairs is to ensure that the
integrity of the department is maintained through a system of internal
discipline where fairness and justice are assured by objective, impartial investigation
and review.
b. Staffing. The designated Internal Affairs Officer shall
be a Lieutenant or higher rank appointed by the Chief of Police. The Internal Affairs Officer may designate
other supervisory personnel to investigate complaints. Sergeants shall only investigate complaints involving
demeanor and rule infractions.
2.
Duties and Responsibilities
a.
Responsibility. The Internal Affairs Officer is responsible
for the investigation and review of all allegations of misconduct by members of
this office.
Misconduct Defined. Misconduct is defined as
the commission of a crime or an offense, or a serious violation of department
rules and regulations. All
investigations of misconduct shall be investigated by the Internal Affairs
commander or his designee. These
investigations shall not be investigated by the line supervisor of the
individual employee accused of misconduct
b.
Additional Duties. In addition to investigations concerning
allegations of misconduct, Internal Affairs shall be responsible for the
coordination of investigations involving the discharge of firearms by department
personnel, all use of force reports, and all vehicle pursuits. Internal Affairs
shall also be responsible for any other investigation as directed by the Chief
of Police.
c.
Investigations. The Internal Affairs Officer may conduct an Internal
Affairs investigation on their own initiative upon notice to, or at the
direction of the Chief of Police
d.
Referrals. The Internal Affairs Officer may refer investigations
to the employee’s supervisor for action as outlined under subsection IV.A.1.b of this policy.
e.
Authority. The Internal Affairs Officer or supervisor(s)
temporarily assigned to that function, shall have the authority to interview
any member of the department and to review any pertinent Office record or
report. Requests from Internal Affairs
personnel, in furtherance of their duties and responsibilities, shall be given
full cooperation and compliance as though the requests came directly from the Chief
of Police. Supervisors assigned to the
Internal Affairs function come under the direct authority of the Chief of
Police, reporting directly to the Chief or his/her designee through the
Internal Affairs Officer.
f.
Files. The Internal Affairs
Officer shall maintain a comprehensive central file on all complaints received
by the Police Department whether investigated by Internal Affairs or assigned
to the employee's supervisors for investigation and disposition.
g.
Reporting. The Internal Affairs Officer shall prepare or shall
have prepared for submission to the Chief of Police, quarterly reports that
summarize the nature and disposition of all misconduct complaints received by
the agency.
h.
Distribution. Copies of the internal affairs quarterly reports shall
be distributed to all Division Commanders and shall be posted on the
department’s web site. Recommendations shall be made for corrective actions for
any developing patterns of abuse.
i.
Annual Reports. The Monmouth
County Prosecutor’s Office Internal Affairs Summary Annual Report, which
summarizes the types of complaints received and the dispositions of the
complaints, shall be completed by the Internal Affairs Officer. A copy of this
report is available to the public via the department’s website. However, names
of the complainants and accused officers shall not be published in these
reports.
B.
Accepting Reports of
Misconduct.
1.
Complaints. All department personnel are directed to accept
reports of employee misconduct from all persons who wish to file a complaint
regardless of the hour or day of the week. Citizens are to be encouraged to
submit their complaints in person as soon after the incident as possible. If
the complainant cannot file the report in person, a department representative,
except in very minor complaints, shall visit the individual at his or her home,
place of business or at another location in order to complete the report. If
the complaint is against an officer from another agency, the complainant shall
be advised to contact that agency, the Monmouth County Prosecutor's Office, or
the State Attorney General's Office.
2.
Referral. Complaints shall be referred to Internal Affairs if
the designated Internal Affairs Officer is immediately available. All
supervisors should be cognizant of the fact that they may be required to
conduct an Internal Affairs investigation.
3.
Availability. If an Internal Affairs
Officer is not immediately available, all supervisory personnel are directed to
accept the report of employee misconduct. If the Internal Affairs Officer or a
Supervisor is not available, any sworn officer shall accept the complaint. Under no circumstances will a complainant
be advised to call at a later time or date.
4.
Procedures for accepting
complaints. The
employee receiving the complaint shall do the following:
a.
Explain the department’s disciplinary procedures to the
person making the complaint and provide them a copy of the Citizen Complaint
Information Sheet (Appendix A).
b.
Advise the complainant that they will be kept informed of
the status of the complaint and ultimate disposition.
c. Complete the Internal Affairs Complaint Form (Appendix B)
and have the complainant sign the form. If the complainant will not sign the
form, the employee receiving the complaint will so note that fact. The failure
of a citizen to sign the Complaint Form will in no way preclude the
investigation of the allegations.
d. All department personnel are directed to accept reports of employee
misconduct from anonymous sources. If the anonymous complainant is talking to
an employee, the employee should encourage the submission of the complaint in
person. In any case, the complaint will be accepted. In the case of an
anonymous complaint, the employee accepting the complaint will complete as much
of the Internal Affairs Complaint Form as they can with the information
provided.
e. All complaints will be forwarded to the Internal Affairs
Officer for screening and entry into the Internal Affairs log book. The Internal Affairs Officer will notify the
Chief of Police as soon as possible, but not later than the next business day. The Internal Affairs Officer will also notify
the complainant that their complaint has been received.
f. All complaints against the agency or its employees will be
investigated to their logical conclusion.
g. The subject of the complaint shall be notified by the
Internal Affairs Officer in writing of the complaint as soon as possible,
unless the nature of the investigation requires secrecy. This shall be done
using the Internal Affairs Complaint Notification Form (Appendix C).
C. Suspension Pending Disposition or
Investigation.
1. Criteria for Suspension. A supervisor, commander, or the Chief of Police may
immediately suspend an employee from duty if they determine that one of the
following conditions exist.
a. The employee is unfit for
duty.
b. The employee is a hazard to
any person if permitted to remain on the job.
c. An immediate suspension is
necessary to maintain the safety, health, order, or effective direction of
public services.
d. The employee has been
formally charged by any law enforcement agency with a crime of the first,
second, or third degree, or a crime of the fourth degree committed on the job
or directly related to the job, or indicted by a grand jury for any of the
aforementioned crimes. In the case of
criminal complaints filed against an employee by citizens or arrested persons,
an investigation by the prosecutor’s office must show probable cause that the
alleged crime occurred before an employee can be suspended.
2. Requirements. The supervisor imposing an immediate suspension shall
do the following.
a. Advise the employee in
writing as to why an immediate suspension is being imposed, and the charges and
general evidence in support of the charges using the Notice of Immediate
Suspension Form (Appendix D).
b. Provide the employee with
sufficient opportunity to review the charges and to respond either orally or in
writing.
c. Advise the employee’s
supervisor of the suspension and the facts and circumstances surrounding the
suspension. This will be done orally,
followed with a written report on the case.
The Administrative Division Commander and the Chief of Police shall be
notified as soon as possible with all the details of the case.
d. Require the suspended
employee to surrender their weapon, badge and identification card, pending
disposition of the case.
3.
Charges. Within five days of the suspension, the department
must complete and file formal charges against the suspended employee.
D. Investigation of Complaints.
1. After screening and entering the complaint into the Internal
Affairs Log book, the Internal Affairs Officer or assigned supervisor(s) will
investigate the complaint. The investigator shall interview the complainant,
all witnesses and the accused officer. Prior to interviewing an officer as a
witness, the officer will be given the Witness Acknowledgment Form (Appendix
E). The assigned supervisor shall complete the investigation within sixty
days. He or she can request additional
time from the Internal Affairs Officer if circumstances require additional time
(the “45 day rule” for any charges resulting from an internal affairs
investigation starts at the conclusion of the investigation, not the initiation
of the investigation) The Internal Affairs Investigator will also review
relevant reports and obtain necessary information and materials, such as the
following.
a. Physical evidence.
b. Statements or interviews
from all witnesses.
c. Statements or interviews
from all parties of specialized interest, such as doctors, employers, lawyers,
teachers, legal advisors, parents, etc.
d.
Investigative aids, such as the various reports, activity
sheets, complaint cards and dispatcher's forms.
2. Preliminary Findings. Where preliminary investigative data indicates the
possibility of a criminal act on the part of the accused employee, or the
investigation involves the use of force by the employee, which results in
serious bodily injury or death, the Internal Affairs Officer shall be notified
immediately. The Internal Affairs Officer shall review the preliminary
investigation and notify the Monmouth County Prosecutor’s Office. No further
action shall be taken, including the filing of charges against the officer,
until directed by the
a)
Medical or laboratory examinations.
This may be utilized when necessary at township expense only
when the examination is specifically directed and narrowly related to a
particular internal affairs investigation being conducted by this agency.
b)
Having the employee photographed for identification.
This may be utilized when necessary when it is material to a
specific internal affairs investigation being conducted by this agency
c)
The employee may be directed to appear in a line up.
This may be utilized when necessary when it is material to a
specific internal affairs investigation being conducted by this agency
d)
Employees may be required to submit financial disclosure
statements upon an order
from the court.
This may be utilized when necessary when it is material to a
specific internal affairs investigation being conducted by this agency
e)
Employees may not be compelled to take a polygraph test as a
condition of employment
(NJSA 2C:40A-1, however, they may
request to have one administered.
3. Interviewing the Subject Officer.
a)
The Internal Affairs Investigator shall schedule an
interview with
the employee.
b)
One person of the employee’s choosing may attend the
interview.
In investigations
of criminal allegations, it may be inappropriate for
a union representative to be present.
c)
Before questioning begins, inform the subject employee of:
(1)
The nature of the complaint.
(2)
The name of the person in charge of the interview and the
names of all persons who will be present.
d)
Questioning sessions may be recorded at the discretion of
the Internal Affairs Investigator. The employee may request, in writing, the
session to be recorded, however, the Internal Affairs Investigator has the
right to refuse the request.
e)
If the matter under investigation involves an administrative
allegation the employee will be advised of his or her duties and obligations to
answer using the Administrative Advisement Form (Appendix F).
f)
If the matter under investigation involves a possible
criminal violation, the Internal Affairs Investigator shall consult with the
g)
If at any time during the questioning session the employee
becomes a suspect in a criminal act, the
questioning shall end.
The
investigation must promptly be referred to the County
Prosecutor’s
Office for further investigation. If the Prosecutor’s
Office
authorizes use immunity, the Use Immunity Grant
Advisement
Form, (Appendix H) shall be used.
4. Investigation Summary. Upon completion of all possible avenues of inquiry,
the Internal Affairs Investigator shall complete the following reports:
a. Investigation Report: This is the objective report of all of the investigative
activity, including all of the information obtained during the course of the
investigation.
b. Summary Report: This report, in memorandum format, will summarize
the matter and provide a conclusion of fact.
The writer shall also provide recommended dispositions for each
allegation. Possible dispositions include the following:
1)
Exonerated. The alleged incident did occur,
but the actions of the officer were justified, legal and proper, or, the employee's
behavior was consistent with agency policy.
This could also be the result of a policy failure.
2)
Substantiated. The investigation disclosed
sufficient evidence to prove the allegation.
3)
Not Sustained. The investigation failed to
disclose sufficient evidence to prove or disprove the allegation.
4) Unfounded.
The investigation indicated that the acts complained of did not occur, or there
is insufficient information to conduct a meaningful investigation.
5) Administratively
Closed. In some cases, the complaint
or investigation is closed prior to reaching a disposition. These should be counted as “Administratively
Closed”. Examples include situations when a complainant voluntarily requests
that a complaint be withdrawn, or the subject employee terminates their
employment prior to disposition of the complaint.
E. Administrative Review.
1. The Internal Affairs Investigator (if
it is not the Internal Affairs Officer) will forward all reports and supporting
documentation to his or her immediate supervisor. After reviewing the report, he or she will forward
the report with their written comments to the Internal Affairs Officer (where
applicable). The supervisor’s comments shall minimally include whether they
agree or disagree with the investigating officer’s disposition. This shall be
done using the Internal Affairs Investigation Disposition Recommendation Form
(Appendix I).
2. The Internal Affairs Officer shall
review all Internal Affairs Investigation reports and forward them, with his or
her written comments, to the Chief of Police for final review.
a. If the Chief of Police determines the
final disposition is Unfounded, Not Sustained, Exonerated or Administratively
Closed, the Internal Affairs Officer will do the following:
1)
The
disposition shall be entered into the Internal Affairs files and the investigation
closed. There will be no record of any unfounded, not sustained or exonerated
investigations in an employee’s personnel file.
2)
Internal
Affairs shall notify the subject employee of the investigation (if not
previously notified) and the disposition.
3)
The
complainant will be notified in writing of the final disposition.
b. If
the complaint is substantiated and it is determined that formal charges should
be preferred, the Administrative Division Commander or their designee shall
direct either the Internal Affairs Investigator or another supervisor to
prepare, sign and serve charges upon the accused employee.
F. Sustained Charges.
1. If the proposed penalty is Minor
Disciplinary Action, Internal Affairs will complete the Notice of Minor
Disciplinary Action Form (Appendix J). The employee will then be given an
opportunity to present any mitigating factors prior to the imposition of any
penalty.
2. If the penalty is Major Disciplinary
Action, the Internal Affairs Officer shall initiate the disciplinary action
through a formal hearing unless the employee declines. He or she will be given the opportunity to
present any mitigating factors prior to the imposition of any penalty if they
decline to have a formal hearing.
G. Major Disciplinary
Hearing
1. Hearing: Upon written notice of a request
for a hearing from the charged
employee, a hearing will be held.
2. Plea
of Guilt. If the employee charged enters a
plea of guilty, the Hearing Officer shall permit the employee to present
factors in mitigation prior to assessing a penalty. Conclusions of fact and the
penalty imposed will be noted in the officer's personnel file after they have
been given an opportunity to read and sign it. Internal Affairs will cause the
penalty to be carried out and complete all required forms.
3. Preparation for Hearing. The Internal
Affairs Officer shall be responsible for or assist the assigned commander or
prosecutor in the preparation of the department's prosecution of the charges.
This includes the notification of all witnesses and preparing all documentary
and physical evidence for presentation at the hearing. The Internal Affairs
Officer will also ensure discovery is provided.
4. Hearing Authority. The hearing shall be
held before the appropriate authority or the appropriate authority's designee.
The hearing authority is empowered to sustain, modify in whole or in part or
dismiss the charges stated in the complaint. The decision of the hearing
authority shall be in writing and should be accompanied by findings of fact for
each issue in the case.
5. Finding
of Guilt. The
hearing authority shall fix any of the following punishments, which it deems
appropriate under the circumstances.
a)
Counseling.
b)
Oral
reprimand or performance notice.
c)
Letter
of reprimand.
d)
Loss
of vacation time.
e)
Imposition
of extra duty.
f)
Monetary
fine.
g)
Transfer
or Reassignment.
h)
Suspension
without pay.
i)
Loss
of promotion opportunity.
j)
Demotion.
k)
Discharge
from employment.
6. Report
of Findings. A copy
of the decision or order together with accompanying findings and conclusions
shall be delivered to the Administrative Division Commander if they were not
the hearing officer. Upon completion of the hearing, the Internal Affairs
Officer will complete all required forms including the entry of the disposition
in the central log.
7. Imposition of Penalty. If the charges
were sustained, the Internal Affairs Officer will cause the penalty to be
carried out. A report shall be permanently placed in the employee's personnel
file.
8. Complainant
Notification. Upon
final disposition of the complaint, the Internal Affairs Officer shall send a
letter to the complainant explaining the outcome of the investigation.
H.
Confidentiality.
1.
Investigations. The progress of internal affairs
investigations and all
supporting materials are considered
confidential information.
2.
Log. Upon completing a case, the
Internal Affairs Officer will enter the
disposition in the Internal Affairs
central log.
3.
Case Files. The Chief of Police shall retain
the contents of internal
investigation case files. The files
shall be clearly marked as
confidential.
4.
Publication of Findings. Only the Chief of Police or his
designee is empowered to release publicly the details of an internal
investigation or disciplinary action.
5. Release
by Employee. The subject employee may request, in writing, the Chief of
Police to release copies of formal disciplinary charges and the outcome to
any third party. The release will be
limited to a copy of the charges and the final decision. Contents of the actual
internal investigation shall not be released.
6. Hearing
Restrictions. All disciplinary hearings shall be closed to the public
unless the accused requests, in writing to the Chief of Police, an open hearing.
I. Appeals
Any employee who
feels that the discipline imposed (with or without a hearing) can appeal the decision pursuant
to grievance procedure in their respective labor contract (or township
ordinance personnel policies for non-union employees).
J.
Supervisory Authority to Discipline.
The Chief of Police or their
designee has the authority to impose discipline up to and including dismissal. Sergeants,
Lieutenants and Captains have the authority to impose the following disciplinary
actions.
1.
Recommend
an employee be given remedial training.
a.
Training
is encouraged as a means of improving employee effectiveness and performance
through positive and constructive methods.
Training and discipline are not mutually exclusive.
b.
Supervisors
have an obligation to observe the conduct and appearance of their subordinates
and detect those instances when corrective action (training) may be
necessary. Training includes;
i. Verbal
instruction: depending on the
circumstances,
supervisors may provide individual
on the spot training
where indicated.
ii.
Peer
Training: Supervisors may assign an
employee to another employee with experience in the area where training is
indicated.
iii.
In-Service
Training: Supervisors may refer
personnel to their division commander for selection to an in-service training
program
2.
Counseling.
a.
Counseling
is indicated where personal actions or job performance are in conflict with
basic police practices and agency directives
b.
Minor
Infractions may be handled by individual counseling. This includes taking the employee aside and
discussing the problem, candidly and openly.
Facts to be considered in making these decisions will include, but are
not limited to the person’s intent, receptivity of the supervisory consulting
and their desire to correct the problem.
More serious infractions may indicate the need for a stronger response
in place of, or in addition to counseling
3.
Punitive
Disciplinary actions include oral and written reprimands, suspensions, demotion
and termination. Such actions are taken
when an employee’s performance deficiency is repeated despite prior corrective
action, or when a violation is serious and significant enough to require
punitive action may not always be based upon the progressive disciplinary
process. It may be necessary to utilize
punitive disciplinary action with the first occurrence of an act or
behavior.
4.
Emergency
suspensions under section IV.C.1 of
this policy.
5.
Supervisors
shall report the discipline imposed to the Administrative Division Commander in
the manner prescribed in this policy.
V. Disclaimer
This policy is developed by the Manalapan Township
Police Department for internal use only, and does not enlarge an officer’s
civil or criminal liability in any way.
This policy should not be construed as the creation of a higher standard
of safety or care in an evidentiary sense, with respect to third party
claims. Violations of this policy can
only be the basis of a complaint by this department, and then only in an
administrative disciplinary setting.