APPENDIX

BOROUGH OF SHIP BOTTOM POLICE DEPARTMENT
 
SHIP BOTTOM, NEW JERSEY

 

MANUAL OF
 
RULES AND REGULATIONS
 
Adopted by the Borough Council

 

 

 

	_____
	William W. Stilwell
	Chairman of Police
	_____
	E. Huelsenbeck
	Chief of Police

 

BOROUGH OF SHIP BOTTOM POLICE REGULATIONS

Certification

This Certification is to be placed in the Employee's Personnel File.

Each Employee is instructed to familiarize himself with these Police Regulations at once and sign the appropriate endorsement below and forward it to the Chief of Police.

Any portion of the Police Regulations not understood by the Employee shall be referred to his Supervisory Officer or Chief for clarification.

Endorsement No. 1

This acknowledges receipt of a copy of the Police Regulations effective April 30, 1976 .

Dated: _____

Signed: _____

 

Endorsement No. 2    (For use by personnel below rank of Sergeant)

This is to certify that I have read and understand the Police Regulations as effective April 30, 1976 .

Dated: _____

Signed: _____

 

Endorsement No. 3   (For use by Supervisory Officers)

This is to certify that I have read and understand the Police Regulations as effective April 30, 1976.

I further understand that it is my responsibility to enforce all regulations and orders as they apply to members under my supervision and to report to my Commanding Officer all violations by personnel not under my supervision or command which violations are likely to bring discredit on the Department or to seriously impair or endanger Police efficiency.

Dated: _____

Signed: _____

 

TABLE OF CONTENTS

Rule		Page
	Introduction	406
	Purpose	406
	General Provisions and Definitions	407 - 410
	Chain of Command	411
	Unity of Command	411
1	Chief of Police	412
2	Captain	412
3	Sergeants	413 - 415
4	Patrolmen	415 - 418
5	Clerks and Typists	419
6	Departmental Discipline	419 - 425
7	Rules and Regulations	425 - 432
8	Communications, Correspondence	432 - 433
9	Investigations, Arrests and Detentions	433 - 434
10	Conduct in Public	435 - 438
11	Ocean County Law Enforcement Drug Testing Policy

 

INTRODUCTION

The prime functions of the Police Department are the preservation of the public peace and order, the prevention and detection of crime, the apprehension of offenders, and the protection of persons and property. It must uphold the Constitution of the United States, enforce the laws of the State of New Jersey and the ordinances of the Borough of Ship Bottom. For these purposes, the police are endowed with legal authority. In the exercise of this power, justice and equity should always be the activation motive.

To achieve true success, the department must win and retain the confidence and respect of the public which it serves. This can be accomplished only by constant and earnest endeavor on the part of all members and employees in a businesslike manner and by exemplary conduct, thereby cultivating in the public mind the fullest realization that the Police Department is a most vital requisite to public well-being.

In order to perform their duties properly, it is essential that officers and employees of the department familiarize themselves thoroughly with all rules pertaining to their respective ranks and positions.

A police officer should remember that in the execution of his duties, he acts not only for himself but for the public. His appointment is in no sense for his own advantage. The entire law regulating his functions hinges upon this principle. He is required to be governed by no feelings, save zeal to do what the law commands. He should never allow passions to urge him to brutality, fear, favoritism or sympathy to seduce him illegally to lenience or neglect of duty.

The officer must bear in mind that he represents the dignity and authority of the State of New Jersey and is the representative of the law to whose lawful commands all must submit and such submission can be compelled when necessary. He should use no unnecessary force, nor hesitate to use necessary force when circumstances require.

The ever-increasing crime rate in this country is a serious nationwide problem with the police agencies expected to lead the way in preventing further growth of this menace to our way of life. A career in law enforcement offers an opportunity to meet this challenge with resultant strong feelings of accomplishment and job satisfaction for those individuals who sincerely apply themselves to their work.

PURPOSE

The purpose of these regulations is to provide a basis for the orderly and disciplined performance of duty. Their publication will promote a surer knowledge of what is expected of personnel generally, and of all ranks and assignments specifically. This should result in a greater degree of self-assurance in all positions. In relationships between the ranks, it should be our individual aim to build continuously mutual respects and confidence which is so essential to our type of operation.

GENERAL PROVISIONS AND DEFINITIONS

These Police Regulations are to take effect on April 30, 1976.

Police Regulations are applicable to all officers of the Department and where specified, to all employees of the Department.

All existing Rules, Regulations, Orders and Instructions in conflict with these Police Regulations are cancelled.

All General and Special Orders, instructions (including those on Departmental Forms) and manuals, not in conflict with Police Regulations shall have the same authority as Police Regulations.

General Orders shall not be cancelled, amended or issued without the approval of and over the signature of the Chief of Police, or in his absence, the Captain of Police.

Failure of an employee either wilfully or through negligence or incompetence, to perform the duties of his rank or assignment, or violation of an employee of any Police Regulation or Order, may be considered sufficient cause for discharge, demotion, suspension, or other penalty.

Department - The Borough of Ship Bottom Police Department.

Headquarters - The police buildings that house the headquarters staff and the members of this Department.

Detail - A subdivision of a division, section or bureau, the personnel of which are assigned to a specialized activity.

District - A geographical area administratively designated for purposes of investigation, supervision or patrol.

Member - Any duly appointed Police Officer of the Department.

Employee - Civilian employee of the Department.

Chief - Director - Chief of Police of the Department.

Captain - Captain of Police of the Department.

Lieutenant - Lieutenant of Police of the Department.

Sergeant - Sergeant of Police of the Department.

S.I.C. - Sergeant in charge of a specific detail

Detective - Detective of Police of the Department.

Commanding Officer - Any rank of Lieutenant and above.

Officer in Charge - Any member below the rank of Lieutenant in charge of an organic unit.

Supervisory Officer - A person holding a higher supervisory or command rank or position.

Seniority - Seniority in the Department is established first by rank and secondly by time served in rank, whether on a regular, assigned or temporary basis. In situations requiring decision or control where the officers are of equal rank, the senior will make the decision and exercise control unless otherwise directed by a higher ranking command or supervisory officer.

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

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

Official Channels - Through the hands of the superior officer in the chain of command.

Insubordination - Failure or deliberate refusal of any member or employee to obey a lawful order given by a superior officer, ridiculing a superior officer or his orders, either in or out of his presence, disrespectful, mutinous, insolent or abusive language used toward a supervising officer shall be defined as insubordination.

Neglect of Duty - Failure to give suitable attention to the performance of duty. Examples include, but are not limited to: Failure to take appropriate action on the occasion of crime, disorder, or other act or condition deserving police attention; absence without leave, failure to report to duty at the time and place designated; unnecessary absence from the beat during a tour of duty; failure to perform duties prescribed in the Police Manual; failure to conform to the department operating procedures.

Incompetence - Incapable of satisfactory performance of police duties.

Tour of Duty - The shift during which an individual member is on duty.

On Duty - The state of a member during the period of the day when he is actively engaged in the performance of his duties. Technically, a police officer is subject to call at all times.

Off Duty - The state of a member during the period he is free from the performance of specified duties. Also may be known as rest period, day off, or an annual leave.

Special Duty - Police service, the nature of which requires that the member be excused from the performance of his regular duties.

Days off - Those days, determined by the Chief of Police, on which a given member is excused from duty.

Annual Leave - Vacation period granted to all members annually.

Sick Leave - The period of time during which an officer is excused from active duty by reason of illness or injury.

Leave of Absence - The period of time during which an officer is excused from active duty and during which time he receives no pay.

Military Leave - The period of time during which an officer is excused from duty by reason of serving an Armed Force of the United States in an active capacity as provided by law.

Probationary Period - Each member shall be required to serve a probationary period prior to permanent appointment to the department.

Lawful Order - Any written or oral direction issued by a superior officer to subordinate or group of subordinates in the course of police duty which is not in violation of any law, ordinance or any departmental rule or regulation.

Procedure - The official method of dealing with any given situation prescribed by the Chief's order or procedural guide.

Shall/Will - The words shall and will as used herein shall indicate that action required is mandatory.

May/Should - As used herein words may and should shall mean that action indicated is permissive.

Tense of Words - The words used in the present tense include the future.

Plurality of Words - The singular includes the plural and the plural includes the future.

Departmental Manuals - Reference guides specifying the rules and regulations governing the conduct of personnel and the operation of the department, as well as specifying departmental policies and procedures. Departmental General Orders will be incorporated into the appropriate departmental manual after a provisional period of operation. Such manuals in force in this department are issued by authority of the Chief of Police and carry the weight of a General Order. Compliance with the provisions of departmental manuals is required.

General Orders - Written directives issued at departmental or divisional level by the Chief of Police or Commanding Officer of a division respectively. General Orders remain in full force and effect until amended, superseded or cancelled by the issuing authority. Departmental General Orders establish policy, procedure or regulations governing matters which affect the entire department. They are the most authoritative directive issued in the department and may be used to amend, supersede, or cancel any other order.

Special Orders - Written directives issued at departmental level by the Chief of Police or a commanding officer. They specify instruction governing particular situations. Special Orders are automatically cancelled when their objectives are achieved.

Personnel Orders - Appointment, assignment or any other status change of personnel within the department are accomplished by Departmental Personnel Orders issued by the Chief of Police.

Memoranda - Information bulletins which are primarily designed to inform and secondarily to direct issued at departmental level. Such memoranda are not official orders but express the thinking of the issuing authority on the subject under consideration.

Training Bulletin- Bulletins published and designed to keep officers of this department abreast of current police techniques and procedures.

Rules and Regulations - Departmental legislation consisting of detailed directives binding members and employees of all ranks in term of authority, responsibility and conduct.

Shift - An eight hour tour of duty.

Patrol Car - Departmental automobile, marked or unmarked, and radio equipment.

Police Incident - An occurrence or incident suggesting or requiring police action or service by members.

Patrol Log - A written report of members' daily activities.

CHAIN OF COMMAND

The Police Department shall function following a strict chain of command at the top of which shall be the Mayor and Council of the Borough of Ship Bottom. Following the Mayor and Council shall be the Police Committee to whom the Chief of Police shall report.

The chain of command from the Chief of Police to the Captain of Police and on down in ranks and the line of authority from the Patrolman and civilian employee to the Sergeant and on up in ranks, shall be preserved in order to maintain principles of good administration. Rank shall not be by-passed.

Patrolmen shall not directly take matters to the Chief of Police which should ordinarily be taken up with their respective immediate senior officer, unless it is a matter of which the senior officer has no official concern.

In respect to unfair decisions, officers may, as a matter of recourse, request of their immediate superior officer that they be granted an interview with the next higher officer in rank or the Commanding Officer.

The Chief of Police shall keep his Commanding Officers informed of changes within his command, of orders, assignments, and the like, where it concerns persons under their supervision and Commanding Officers will likewise keep their subordinate ranking officers so informed except in cases of emergency necessitating other action or by the nature of the business it does not warrant such procedure.

UNITY OF COMMAND

All members of the Department shall work together and strive to obtain a high degree of cooperation between each other.

Commanding Officers shall meet with the Chief of Police and discuss problems of friction and misunderstanding and plan for better cooperation. In doing so, each must consider the cause of dissention from a practical and fair standpoint, taking into consideration possible problems and background of any misunderstanding or friction and not from purely a selfish interest of any single detail. Each must attempt to understand the problems of the other.

RULE I

CHIEF OF POLICE

Section 1. - The General Administration and control of the Police Department is vested in the Chief of Police, who is responsible for the Government, efficiency and general good conduct of the Department.

Section 2. - The Chief of Police shall direct and supervise the personnel of the Police Department and exercise all powers and duties provided by Law or by Ordinances of the Borough.

Section 3. - He may appoint or promote members of the Department subject to the approval of Mayor and Police Committee of the Borough of Ship Bottom.

Section 4. - He may, for cause, recommend to Mayor and Council, the layoff, suspension or removal of any member of the Department as provided by the Rules and Regulations.

Section 5. - The Chief of Police may prescribe such Rules and Regulations as may be necessary for the efficient operation of the Department, subject to approval by Mayor and Council.

Section 6. - The Chief of Police shall have custody and control of all books, records, machines, tools, apparatus or equipment of every kind necessary for use in the Department and all public property pertaining to, and connected therewith and belonging thereto.

Section 7. - In his capacity as Chief Executive and Administrative Head of the Department, the Chief of Police maintains administrative control and governs Departmental activity through such Captains and Sergeants as he may designate from time to time.

Section 8. - He shall have authority to grant leave of absence to members of the department when, in his judgment, the same can be done without detriment to the service.

RULE II

CAPTAIN

Section 1. Captain - Authority and Responsibilities.

Captain of Police has direct control over all members and employees. In addition to the general and individual responsibilities of all members and employees and supervisory officers, the captain is responsible for the following:

Section 2. Captain is responsible for maintenance of discipline and morale and the investigation of personnel complaints assigned to him by the Chief.

Section 3. He shall manage the personnel problems that may arise, making reprimands where necessary, taking disciplinary action of days off where necessary and recommending demotions, suspension or dismissals where necessary, taking into consideration all pertinent facts and circumstances.

Section 4. The Captain is responsible for the promotion of harmony and cooperation with other units of the department. He will initiate proper action in cases not regularly assigned to his command when delay, necessary to inform the proper unit, might result in a failure to perform a police duty.

Section 5. Captain is responsible for the preparation of the required correspondence, reports and maintenance of records relating to the activities of the department. He is responsible for the communicating of information up and down the chain of command as required. He is responsible for the proper use and maintenance of quarters, equipment, supplies and material assigned to his command.

Section 6. The Captain is responsible for the punctual attendance of all personnel within the department and shall see that records are completed of each member's attendance, overtime, days off, leaves of absence and vacations in such a manner and form as directed by the Chief of Police.

Section 7. The Captain shall periodically inspect all members of his command to assure proper maintenance of personnel and departmental equipment used within his command.

Section 8. The Captain will assist subordinates in the preparation of cases so that they will not be incomplete due to neglect on the part of members of the department. When in doubt as to the law, procedure, or status of a case, he shall consult suitable authority.

Section 9. The Captain shall prepare efficiency rating of his subordinates as directed by the Chief of Police.

Section 10. In accordance with the direction of the Chief of Police, the Captain will observe probationary officers assigned to his command and prior to the expiration of their probationary period, he shall submit to the Chief a detailed written report concerning their qualifications to secure permanent status and his opinion as to the desirability of their retention.

RULE III

SERGEANTS

Section 1. Sergeants have direct control and supervision, subject to the orders of the Captain, over all officers and employees assigned to their command. Sergeants are responsible to and will report directly to the Captain. They are responsible for the efficiency and effectiveness of their subordinates and shall coordinate the functions and activities of the various units of their respective commands. They shall, at all times, require their shifts to cooperate with other shifts and units of the department and shall suppress any friction which may arise between officers on their shift.

Section 2. Sergeants are charged with and shall be responsible for the investigation of complaints made by citizens relative to the conduct of subordinates under their command and shall report the results to their Captain.

Section 3. Sergeants shall so regulate their command that, at all times when they are absent, it shall be under the command of a competent officer.

Section 4. Sergeants will personally respond to any emergency or occurrence of a serious or unusual nature which arises within his jurisdiction, unless his presence at headquarters would be of more value under the circumstances. Under the latter circumstance, he shall assign a competent officer to take command at the scene of the emergency.

Section 5. Sergeants are responsible for the treatment of prisoners while in the station or jail and under no circumstances will unnecessary violence be allowed in the management of a prisoner.

Section 6. Sergeants will be responsible for conducting roll call and other forms of in-service training as directed by the Chief of Police. On the completion of roll call, the shift Sergeant will make an inspection of all patrolmen on his shift. It will be his duty to see that all discrepancies in appearance and equipment are rectified prior to the patrolman going on duty.

Section 7. Sergeants will closely supervise the activities of their subordinates, making corrections where necessary and commending good work where appropriate. They shall have a working knowledge of the duties and responsibilities of their subordinates. They shall observe contacts made with the public by their subordinates and be available for assistance or instructions as may be required. They shall critically observe procedures affecting the operation of their command and shall recommend changes designed to increase its effectiveness.

Section 8. Sergeants will make frequent inspections of the town at irregular times, noting all violations of laws and ordinances and conditions requiring police attention. He shall take such steps as are necessary to correct the irregularities. He shall, at irregular and unusual hours, make tours of inspections of officers on duty to ascertain whether their duties are being properly performed.

Section 9. Sergeants will be alert to discover criminal activities whose continuance indicates the need to supplement the regular patrol during certain hours and in certain sections of the town.

Section 10. Sergeants will be expressly required to see that all complaints and requests for service anywhere in the town are promptly and properly investigated and that appropriate action is taken. They shall see that all criminal warrants are served as soon as possible.

Section 11. Sergeants will summon the member in charge of the investigative section in all homicide and apparent homicide cases. The member in charge of the investigation section will take charge of the investigation when he arrives at the scene.

Section 12. Sergeants will require members of their command to give special attention to places where criminals, gamblers, prostitutes, vagrants and persons associated with them may congregate.

Section 13. All legal means shall be employed to arrest them for eventual prosecutions and suppression of their activities.

Section 14. Sergeants will counsel subordinate officers in the performance of their duties, and shall take suitable action in the case of any laxity, misconduct, incompetence, inefficiency or neglect of duty that may come to their attention.

Section 15. Sergeants will require the members of their command to make prompt and thorough investigations of crimes that occur in their jurisdictions, with a view to the identifications and apprehension of perpetrators, the discovery and interrogation of suspects, of location and interviewing of witnesses, and the recovery of stolen property.

Section 16. Sergeants shall receive and pass on any information of special details, assignments and any other information which might facilitate the accomplishment of the police task.

Section 17. Sergeants will be thoroughly familiar with the duties of a patrolman and shall assist and instruct officers under their supervision of the proper discharge of duty. Sergeants will be responsible for the efficiency, discipline, good conduct, appearance and strict attention to duty of the patrolman under his supervision.

Section 18. Sergeants will be responsible for the cleanliness and maintenance of police headquarters and other police officers.

Section 19. Sergeants shall keep a written daily patrol log of all occurrences, conditions and offenses encountered during his tour of duty.

RULE IV

PATROLMEN

Section 1. Appointment of a Patrolman to the Police Department, certified by the Police Academy, is for a probationary period of no less than six months nor more than one year. Appointment of a Patrolman to the Police Department, not certified by the Police Academy, is for a probationary period of not less than one year. Continuation in the service being dependent upon conduct of the appointee and his fitness for the performance of the duties to which assigned as indicated by the quality of his work and by reports and recommendations of the Commanding Officers and his Superior Officers. If during the said period of time, the appointee proves unfit, he may, at the discretion of the Chief of Police, be dismissed from the service, subject to approval by Mayor and Council.

Section 2. A patrolman is responsible for the accomplishment of the police mission on his beat. He shall constantly be vigilant and on the alert for violations of the law and ordinances and shall make every effort to prevent breaches of the peace and offenses against persons and property. He shall be held accountable for crime, accidents, disorders and other criminal conditions on his beat. He shall keep a written daily patrol log of all occurrences, conditions, and offenses encountered during his tour of duty.

Section 3. He shall report promptly, at the designated hour and place, in proper uniform, for assignments and inspections. He shall listen attentively to orders and instructions of his superior officers and read such materials as is made available to him. He shall make written memorandum of such information as necessary and shall immediately proceed to his beat upon completion of these tasks.

Section 4. Patrolmen are charged with learning the geographical character of the town well enough to enable them to give adequate directions to streets, public buildings, depots, hospitals and highways in an intelligent manner when requested. When unable to give the information requested, they shall either obtain it or direct the inquiring party to the person from whom the information may be obtained.

Section 5. A Patrolman shall thoroughly familiarize himself with his beat, learning the locations of night telephones, fire alarms, alleys and streets. He shall be familiar with all public businesses, offices and their entrances, exits, skylights, fire escapes and other possible means of escape. While making security checks of doors, he shall likewise familiarize himself with the locations of safes and nightlights. Changes in nightlights will be particularly noticed.

Section 6. Patrolmen shall, at all times, maintain an alert and businesslike manner, avoiding loitering or lounging about places of business or on the street. He shall not conceal himself nor leave his beat except for some police purpose.

Section 7. During his tour of duty, the patrolman shall continuously patrol every part of his beat, giving particular attention to and frequently rechecking locations where the crime hazard is great. Insofar as possible, he shall not patrol his beat according to any fixed route or schedule, but shall alternate frequently and backtract in order to be at the location least expected.

Section 8. When a door or window is found open under suspicious or unusual circumstances on any tour of duty, a patrolman shall make a thorough investigation and determine, if possible, whether a burglary or other crime has been committed, and whether the door or window can be secured. He shall, if necessary, summon assistance to examine the premises and to secure such doors and windows. He shall notify his Sergeant and, if possible, the owner will be notified.

Section 9. Under circumstances indicating that a burglar is still inside a building, the officer should immediately summon assistance and then stand guard until sufficient assistance has arrived, when the building will be entered and searched.

Section 10. A patrolman shall observe all persons whom he encounters upon his beat and shall investigate any person whose appearance, conduct or presence seems suspicious. He shall be particularly alert as to the actions of persons at night.

Section 11. He shall be on the alert for persons answering the description of missing persons and wanted criminals, as well as vehicles reported stolen or used in the commission of a criminal offense.

Section 12. He shall investigate the occupants or contents of vehicles which cause suspicion. Any such investigation or search should be in accordance with proper legal procedure.

Section 13. At night, when the occasion demands it, they shall courteously, but firmly question persons on the public streets as to their names, addresses, cause of being on the street, and other matters relating to the circumstances. In all cases, good judgment and discretion should be used in making a decision to arrest.

Section 14. Uniformed officers shall give particular attention to places where vice violators might congregate. They shall use every lawful means to suppress the illegal activities of such persons, prosecute them and he shall require all such establishments to be conducted in accordance with Borough ordinances and State laws and shall report all violations.

Section 15. A patrolman shall be friendly toward all children and be ever watchful of their physical and moral welfare, using every legal means to prevent the formation of gangs and the disbanding of any in existence. He shall warn children away from playing in dangerous areas.

Section 16. Motorized patrolmen are charged with the enforcement of all provisions of local and State traffic codes. Failure to take appropriate action in traffic violations cases is considered neglect of duty.

Section 17. A patrolman shall take notice of all nuisances, impediments, obstructions, defects, or other conditions, in or adjacent to the streets, alleys and public places, which tend to endanger the health, safety, or convenience of the public. He shall report to the radio dispatcher street lights out, water leaks, traffic hazards which require immediate action. A written report shall be made to his superior officer on any traffic or other existing hazard in need of correction but not requiring immediate action.

Section 18. A patrolman shall carefully investigate all complaints on or near his beat which are assigned to him or which are brought to his attention by citizens. He shall take suitable action in those cases which will come under his jurisdiction and inform interested parties of the laws or ordinances relative to the particular complaint or incident. If the legal remedy of the complaint lies outside of the jurisdiction of the Police Department, he shall advise the complainant accordingly and refer him to the proper authority.

Section 19. At the scenes of major crimes, subject to direction of higher authority, the first officer at the scene, after it has been established that the perpetrator is no longer present, will begin the preliminary investigation, except in the case of homicide or apparent homicide.

Section 20. In those instances a Commanding Officer will be called to the scene immediately. In all instances, members not assigned will not enter the premises or do any other thing that might interfere with the investigation or destroy evidence. In cases of homicide, the first duty of the beat officer is to guard the scene, excluding all unauthorized persons and to detain all witnesses for interrogation.

Section 21. Motorized patrolmen shall pay strict attention to all regular radio transmissions. When they fail to hear any radio transmission or time signals for a period not to exceed 15 minutes, they shall immediately contact the dispatcher and notify of the nature of the trouble.

Section 22. Patrolmen will be assigned a police vehicle. He shall operate such vehicle at a moderate rate of speed and in such a manner as will enable him to observe any conditions or happenings which may require police attention, except where prohibited from doing so by the necessity of other duties. He shall also operate such vehicle at all times in keeping with the laws regarding same and shall be an example to all citizens in this respect.

Section 23. He shall perform such other duties as may be required from time to time.

Section 24. He shall report to his Superior Officer on duty, all prisoners who have been injured before being confined to jail.

Section 25. He shall report to his Superior Officer on duty, all occurrences of an unusual nature and the condition of all prisoners who are sick or injured.

Section 26. He shall not release any prisoner charged with a crime except by competent authority.

Section 27. He shall see that each prisoner that is placed in his patrol car is carefully searched.

Section 28. He shall escort school buses which are loading or unloading in his zone if he is not involved in any other patrol duties. The method of escort used regarding position of police vehicle and lights used shall vary with traffic volume, bearing in mind that our primary job is protection of the pupils and that the issuance of summonses is secondary.

RULE V

CLERKS AND TYPISTS

Section 1. Clerks and Typists appointed to the Department will be assigned to Bureaus and Offices by the Chief of Police and shall perform such work and have such regular hours of duty as he may direct. They shall be under the general supervision of the Chief of Police and the immediate supervision of their assigned Bureau Head.

Section 2. They shall attend to the duties of their respective positions in a thoroughly business-like, accurate and efficient manner. They shall be energetic, alert, discreet, courteous, attentive and punctual and will cooperate with their superiors to the fullest extent that the work of the Police Department may require.

Section 3. They shall, in any emergency when the exigencies of police service require, be on duty such additional or extra hours as may be ordered.

Section 4. They shall, at all times during their hours of duty be neat and clean in appearance, of good and proper habits, and keep in good order the desks, books and other equipment used by them or entrusted to their care.

Section 5. They shall also be subject to the orders of their superiors and the general rules of the Department so far as they are applicable.

RULE VI

DEPARTMENTAL DISCIPLINE

Section 1. Disciplinary Action. Violation of any provision of the manual or the following cited 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 listed.

Willful or neglectful disobedience of orders.

Disrespect to a superior officer or Borough Official.

Indulging in intoxicants while in uniform.

Indecent or profane language.

Unnecessary violence to a prisoner or others.

Absence without leave.

Sleeping on duty.

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

Improper patrol of post.

Neglect in paying just debts.

Immorality, indecency or lewdness.

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

Inefficiency, due to mental or physical capacity.

Feigned illness.

Violation of any criminal law.

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

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

Conduct unbecoming an officer and gentlemen.

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

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

Soliciting or accepting a bribe.

Aiding any person or persons to escape arrest.

Uncleanliness in person or dress while on duty, unless on a previously assigned special duty.

Falsifying any official report.

Cowardice in the face of duty.

For being engaged directly or indirectly as vendor of intoxicating liquor.

For incompetency to perform the duties of his office.

Willful disobedience of orders.

Willful maltreatment of a prisoner or any other person.

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

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

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

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.

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

Section 2. 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 for failure, either wilfully or through negligence or incompetence, to perform the duties of their rank or assignments; 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 the merits of each case.

Section 3. Who Will Review Disciplinary Matters. The Police Committee will sit in review of all disciplinary matters that may arise, concerning Police Personnel.

Section 4. Penalties. The following penalties may be assessed against any member or employee of the Department as disciplinary action:

Oral Reprimand

Written Reprimand

Voluntary surrender to time off in lieu of other action

Suspension

Demotion

Removal from the service

Section 5. Departmental Authority to Discipline. The departmental disciplinary authority and responsibility rests with the Police Committee. Except for oral reprimands and emergency suspensions, departmental discipline must be taken or approved by the Police Committee.

Section 6. Other supervisory personnel may take the following disciplinary measures:

Oral reprimand

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

Emergency suspension

Written recommendations for other penalties

Section 7. Emergency Suspension. The Captain or Sergeants 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.

Section 8. 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.

The Captain or Sergeants imposing or recommending the suspension shall also report to the Chief of Police at the same time.

The Chief shall forthwith render a full written report concerning the emergency suspension to the Police Committee.

Section 9. 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:

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

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

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

A complete statement of the facts of the misconduct.

The punishment imposed or recommended.

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

Section 10. Distribution of Reports of Disciplinary Action. The report shall be distributed as follows by the officer imposing or recommending disciplinary action:

Original to the Chief.

Duplicate to subject's personnel file.

Triplicate retained by officer imposing or recommending the action.

Section 11. 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 withdrawn any disciplinary report. Disciplinary reports 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.

Section 12. 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.

Section 13. 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 the Captain.

Section 14. Citizen Complaints Against Police Personnel. Complaints by citizens against members or employees of this Department shall be processed in the following manner:

Notify the Captain, who will take one of the following actions:

Instruct a supervisor to receive and investigate the complaint.

Receive and investigate the complaint himself.

Section 15. Serious Complaints or Allegations. If, in the opinion of the Captain, the incident is of sufficient gravity, he shall notify the appropriate Commanding Officer regardless of the hour. In addition, he shall take any immediate action necessary to preserve the integrity of the department until the arrival of the Commanding Officer.

Section 16. Investigation of Alleged Misconduct. The member assigned to the investigation of an alleged act of misconduct on the part of a member or employee of this department shall conduct a thorough and accurate investigation.

Such investigation shall include formal statements from all parties concerned when necessary and pertinent, the gathering and preservation of any physical evidence pertaining to the case, and all other information bearing on the matter.

Section 17. Reports of Investigation of Alleged Acts of Misconduct. Alleged acts of misconduct must be investigated and the results of the investigation must be reduced to a written report entitled "Report of Investigation and Findings."

The investigating member shall summarize the pertinent facts, including:

An abstract (summary) of the complaint or alleged act of misconduct.

Pertinent portions of the statement of all parties to the incident.

A description of the incident, physical evidence and other evidence important to the case.

The observations and conclusions of the investigating member.

Section 18. Findings. One of the findings listed below will be included in the Report of Investigation and Findings of an alleged act of misconduct.

Unfounded. The investigation indicates that the act or acts complained of did not occur or failed to involve departmental personnel.

Exonerated. Acts did occur but were justified, lawful and proper.

Not Sustained. Investigation fails to discover sufficient evidence to clearly prove or disprove the allegations made in the complaint.

Sustained. Investigation disclosed evidence sufficient to clearly prove the allegations made in the complaint.

Not Involved. Investigation established that the subject of the investigation in the report of investigation and findings was not involved in the alleged incident.

Section 19. Grievance Procedure. The Chief of Police shall recognize and deal with the officers and the members of the Police Department for the adjustment of any grievances which may arise in accordance with the following procedure:

The grievance shall be presented by the employee in writing to the Captain. After a full disclosure of the facts, the Captain must make every effort to reach a satisfactory settlement to the aggrieved employee. If the settlement is not satisfactory, then the grievance shall be forwarded to the Chief of Police for his attempt at a satisfactory settlement or adjustment.

RULE VII

RULES AND REGULATIONS

Section 1. Loyalty. Every member of the department has an obligation to be loyal to his superior officers, to the administration of the department and to the government which employs him so long as those to whom he is responsible are acting lawfully and in accordance with departmental policy. He owes a fair day of work for his pay. He has an obligation to uphold and support department policies as long as he remains an active member of the department.

Loyalty, like friendship, is a two-way process. Management, including all supervising officers, must have a concern for the welfare of their subordinates and a responsibility to the welfare of their subordinates and a responsibility to support them in their proper actions. This does not include protecting them from the consequences of their misdeeds.

Section 2. Department. Employees, whether on duty or off duty, shall be governed by the ordinary and reasonable rules of good conduct and behavior and shall not commit any act tending to bring reproach or discredit upon the Department.

Section 3. Cooperation between Ranks. Cooperation between the ranks of the Department is essential to effective law enforcement. Therefore, all members are strictly charged with establishing and maintaining a high spirit of cooperation within the Department.

Section 4. Cooperation with Other Agencies. Officers shall cooperate with all law enforcement agencies, other Borough departments, and public service organizations and shall give aid and information as such organizations may be entitled to receive consistent with departmental orders.

No Borough of Ship Bottom Police Officer will go into any other jurisdiction for any Police business without first advising the Chief of Police or officer on duty in that jurisdiction. If neither are available, and it is an emergency or a necessity to enter another jurisdiction, upon completion of the mission, the Borough of Ship Bottom Officer will advise that jurisdiction of its mission as soon as possible.

No Ship Bottom Police Officer will go into another jurisdiction to render assistance unless requested to do so by the Chief of Police or officer on duty in that jurisdiction.

Section 5. Reporting for Duty. Members of the Department shall be punctual in reporting for duty at the time and place designated. Repeated failure to report promptly at the time directed will be deemed neglect of duty and made the subject of charges. Sickness or illness must be reported by a member at least two (2) hours prior to the time he is due to report for duty. Once having reported off sick, the member shall keep the department advised as to his status and expected to return duty.

Section 6. Inspection. From time to time, the Chief of Police may call for full dress inspections for the department or any part thereof. Members directed to attend such inspections shall report in the uniform prescribed, carrying the equipment specified. Unauthorized absence from such inspection is chargeable as "absence without leave".

Section 7. Cooperation with the Press. The Chief of Police or Captain shall make press releases when warranted.

Section 8. DUTIES. It shall be the duty of each departmental member to carefully read and strictly conform to the rules and regulations as contained within this manual, as well as all General Orders or Special Orders of the Department.

Section 9. Knowledge of Laws and Regulations. Every member is required to establish and maintain a working knowledge of laws and ordinances in force in the Borough, the rules and policies of the Department and the orders of the Department and revisions thereof. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule or policy in question.

Section 10. Performance of Duty. All members and employees shall perform their duties as required or directed by law, departmental rule, policy or order, or by order of a superior officer. All lawful duties required by competent authority shall be performed promptly as directed, notwithstanding the general assignment of duties and responsibilities.

Section 11. Existence of Facts. Establishing a violation of a law, ordinance or rule, is all that is necessary to support any allegation of such as a basis for a charge under this section. It is not necessary that a formal complaint be filed or sustained. Nothing in this manual of rules prohibits disciplining or charging members or employees merely because the alleged act or omission does not appear herein, in departmental orders, or in laws and ordinances within the cognizance of the Department.

Section 12. Conduct Toward Superior and Subordinate Officers and Associates. Members and 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 meeting in public, officers shall conform to normal courtesy standards and refer to each other by rank.

Section 13. Criticism of Orders. Members and employees shall not publicly criticize instructions or orders they have received.

Section 14. Obedience to Unjust or Improper Orders. Members and employees who are given orders they feel to be unjust or contrary to rules and regulations must first obey the order to the best of their ability and then proceed to appeal.

Section 15. Reports and Appeals - Unlawful, Unjust, Improper Orders. A member or employee receiving an unlawful, unjust or improper order, shall, at first opportunity, report in writing to the Chief of Police through official channels. This report shall contain facts of the incident and the actions taken. Appeals for relief from such orders may be made at the same time. Extra departmental action regarding such an appeal shall be conducted through the Office of the Chief of Police.

Section 16. Acceptance of Gifts. Each member of the department is forbidden to receive or accept a reward or present of any kind, directly, or indirectly, in connection with any official duty or act, without first having been granted the approval of the Chief of Police. Neither shall any compensation for damages sustained in the performance of duty be sought or accepted without the above cited sanction.

Section 17. Testimony. Members of the Department of Police, when required to give testimony, or make any official deposition or statement, shall clearly and truthfully state all information as personally had, in respect to the matter of inquiry. This testimony shall be given without fear or favor, and with no desire or design to influence the end result.

Section 18. Debts - Incurring and Payment. No member or employee shall borrow or loan any money or otherwise become indebted to any other member or employee. No member or employee shall sell or assign his salary or part thereof nor incur any liability which he is unwilling or unable to pay nor shall he refuse or neglect to honorable discharge any monetary indebtedness after it shall have become due.

Section 19. Residence. Each member of the department is required to report his respective place of residence to the Chief of Police and shall also be responsible that this information be properly indexed. Any change of address shall be reported by the individual member within a twenty-four (24) hour period.

Section 20. Telephone. All departmental members are required to subscribe for telephone service at their respective place of residence, so that they may be contacted readily. The respective telephone number (listed or unlisted) shall be recorded with the Chief of Police.

Section 21. Smoking. Members of the uniformed department will be permitted to use tobacco while in uniform and on duty, but the individual member so doing must exercise discretion.

Section 22. Reporting. Members and employees shall promptly submit such reports as are required by the performance or their duties or by competent authority.

Section 23. Absence from Duty. Every member or employee who fails to appear for duty at the time, date and place specified and for so doing without the consent of competent authority is "absent without leave". Such absences must be reported in writing through the Chief of Police. Any such absences without leave for a period of five (5) days will automatically act as a resignation on the part of such member or employee.

Section 24. Annual Leave. All requests for leave will be submitted in writing, in duplicate, no less than three (3) days prior to the date of the proposed leave. The request shall be submitted on a standard leave form. Leave shall then be granted or denied in the discretion of the Chief of Police.

In the event of an emergency or unforseen situation, it will be necessary to put the request in writing but the three (3) days advance notice will be omitted: all other requirements shall be fulfilled.

No leave will be considered approved until the employee has in his possession a copy of the request approved by the proper authority, without which the employee will be considered absent without leave.

Requests for leave will be channeled through the Chain of Command.

When mutually agreeable, and for good cause, two members may exchange their vacation periods or days off, but only with the approval of the Captain.

No member of this Department will pay another member to work his assigned shift.

Section 25. Physical Fitness for Duty. 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. All members will be required to pass a physical examination on dates specified by the Chief of Police.

Section 26. Consumption of Intoxicants. Members and employees shall not consume intoxicants while off duty to the extent that evidence of such consumption is apparent when reporting for duty, or the extent that ability to perform duty is impaired. Members shall not consume intoxicants while on duty unless necessary in the performance of a police task and then only with the specific permission of the Captain and never in uniform.

Members and employees shall not, at any time, be intoxicated while on duty.

Section 27. Uniforms and Equipment. All members of the Department shall maintain in good order a regulation uniform. All articles of uniform shall conform to the departmental uniform regulations. Officers shall wear such uniform and be provided with such equipment as the Chief of Police may prescribe.

Section 28. Wearing the Uniform. Uniforms shall be kept clean, neat and well-pressed at all times. While wearing the uniform, members shall be clean shaven, hair neatly cut, maintain a military bearing avoiding mannerisms such as slouching, shuffling and hands in the pockets. The uniform cap shall be worn whenever out of doors, unless otherwise directed by competent authority.

Section 29. Mixture of Uniform - Civilian Clothing. Except as directed by proper authority, or where their assignment otherwise permits, all Officers shall be in complete uniform when on duty and will not be in uniform when off duty except as provided. Officers going to and from the station when off duty may wear a coat, jacket or sweater over the uniform shirt and with uniform trousers.

Section 30. Altering style - Uniform. Uniforms shall be made of the material and in the style prescribed by the Police Committee and such style shall not be altered or changed in any manner whatsoever.

Section 31. Replacement of Uniform. A Police Officer shall replace any portion of his uniform that has been condemned within reasonable time after such condemnation.

Section 32. Clothing Allowance. Every member of the Department shall be entitled to a clothing allowance annually.

Section 33. Equipment. All equipment must be clean, in good working order and conform to department specifications.

Section 34. Registering Equipment with the Department. Members are required to register with the Department the description and serial numbers of all personal equipment they may own or carry.

Section 35. Required Equipment - In Uniform. While on active duty and excepting those officers who are assigned to station office duties, the Officers who are required to wear the specified uniform shall always carry as full equipment the following:

A. Badge	F. Notebook and Pen
B. Baton	G. Issued identification card
C. Revolver	H. Traffic citation books and legal ordinance books
D. Handcuffs	I. Flashlight, as necessary
E. Whistle

 

Section 36. Required Equipment - Civilian Clothes, On Duty.

While on active duty, members who are required to wear civilian clothes shall carry as full equipment the following:

A.

Badge

B.

Revolver and ammunition (Department approved)

C.

Handcuffs

D.

Issued Identification card.

Section 37. Issued Equipment. Members shall be equipped at the expense of the Department with breast shield, hat shield, revolver, leather equipment, summons book, whistle, whistle lanyard, I.D. card, handcuffs, name plate and local ordinance books and book of rules and regulations. This equipment is furnished by the Borough of Ship Bottom; Officers will be obliged to reimburse the Borough for any misuse or loss of same.

Section 38. Wearing - Carrying Badge. Officers, when in uniform, shall wear the regulation badge on the outside of the outermost garment, over the left breast and always in sight. When not in uniform or off duty, they shall carry their badge in their pocket.

Section 39. Off-Duty Equipment. Off duty members are required to carry their identification card.

Section 40. Firearms - Display and Discharge. Members shall never display firearms unnecessarily or draw them in any public place except for inspection or official use. Members are required to report any deliberate or accidental discharge of firearms (except routine target practice). This report is to be made according to current departmental procedures. Members shall exhaust every other means of apprehension before resorting to the use of firearms.

Section 41. Firearms - Qualification. All members will qualify on the Police pistol range as designated by the Chief of Police.

Section 42. Carrying Revolver - Civilian Clothes. A member of the Department, when off duty, or when on duty and in civilian clothes shall not wear or carry his revolver or pistol in such a manner as to be conspicuously exposed to view.

Section 43. Department Property and Equipment. Members and employees of the Department shall be responsible for the proper care of department property and equipment assigned to them. Roughness or carelessness in handling departmental automobiles or other property shall not be tolerated and will be the subject of charges by the Captain, who shall be responsible for the strict enforcement of this rule. Damaged property may subject the responsible individual to reimbursement charges and appropriate disciplinary action.

Section 44. Damaged - Inoperative Property or Equipment. Members and employees shall immediately report on designated forms any loss of or damage to departmental property assigned to or used by them. The immediate superior will be notified of any defects or hazardous conditions existing in any department equipment or property.

Section 45. Manuals Maintenance. All members and employees issued Manuals are responsible for their maintenance and will make appropriate changes or inserts as they arise.

Section 46. Surrender of Department Property. Members and employees are required to surrender all department property in their possession upon termination from the service. Failure to return non-expendable items may cause the person to be required to reimburse the department for the fair market value of the article(s).

Section 47. Transporting Citizens. Citizens will be transported in departmental vehicles only when necessary to accomplish a police purpose. When transporting female citizens, mileage, beginning time of escort and completion time of escort will be logged with the radio dispatcher. Citizens carrying large sums of money that request police transportation will ride in the police vehicle.

Section 48. Reporting Accidents. Accidents involving Borough personnel, property and/or equipment must be reported.

Section 49. Presumption of Responsibility. In the event that Borough property is found bearing evidence of damage which has not been reported, it shall be prima facie evidence that the last person using the property or vehicle is responsible.

Section 50. Active Duty. Members of the Department shall have regular hours assigned to them for active duty each day, and when not so employed, they shall be considered "Off Duty." They shall however, be held always subject to duty and, although periodically relieved from the routine performance of duty, are always subject to orders from proper authority and to call from civilians, and the fact that they may be technically "Off Duty" shall not be held as relieving them from responsibility of taking proper police action. In carrying out the functions of the Department, members thereof shall direct and coordinate their efforts in such a manner as will tend to establish and maintain the highest standard of efficiency. Members of the Department shall always be considered "On Duty" for the purpose of discipline.

Section 51. Conflict of Orders. Members of the Department shall promptly, thoroughly, and cheerfully obey any lawful order emanating from any Superior Officer. Should any such conflict with a previous order from any other Superior Officer, with any general, verbal or special order, or any provision of the Rules and Regulations, the member to whom such order is given shall respectfully call attention to such conflict of orders, and if the officer giving the last order does not change the same so as to obviate such conflict, his order shall stand and the responsibility shall be his, and the member obeying the same will not be held in any way responsible for disobedience of any orders previously issued.

Section 52. Forwarding Address. Members of the Department, prior to absenting themselves on vacation or extended leave of absence periods, shall leave with the Chief their forwarding address.

Section 53. Leaving Long Beach Island. NO MEMBER OF THE DEPARTMENT SHALL LEAVE THE ISLAND ON POLICE BUSINESS EXCEPT BY PERMISSION.

Section 54. Truthfulness. Members of the Department are required to speak the truth at all times and under all circumstances, whether under oath or otherwise. Those who wilfully depart from the truth are unfit for the service. Untruthfulness will be cause for dismissal. In cases where they are not allowed by the Rules of the Department to divulge the facts within their knowledge, they will say nothing.

Section 55. Attendance at meetings, court Members of the Department when attending Court or at meetings with the Borough Council, as principals or as witnesses, shall appear in full uniform.

Section 56. Action taken at meetings. During any public meeting in the Borough of Ship Bottom, any member of the governing body may order the ejection or removal of any person, that person shall immediately be removed by the Officer on duty and held and charged as any member of the Governing Body may direct. At any meeting where the Governing Body is not presiding or in attendance and the chairman of such meeting, where such chairman is a member of an officially appointed Borough Board, orders given by that Chairman shall be responded to in the same manner as an order given by a member of the Governing Body.

RULE VIII

COMMUNICATIONS, CORRESPONDENCE

Section 1. Restrictions. Members and employees shall not use department letterheads for private correspondence or send correspondence out of the department over their signatures without the general permission of the Chief of Police.

Section 2. Forwarding Communications to Higher Commands. Any member or employee receiving a written communication for transmission to a higher command shall in every case forward such communication.

Section 3. Radio Discipline. All members of the department operating the police radio, either from a mobile unit or base station, shall strictly observe regulations for such operations as set forth in departmental orders and by the Federal Communications Commission.

RULE IX

INVESTIGATIONS, ARRESTS AND DETENTIONS

Section 1. Command of Scene. At the scene of any crime, accident or other police incident, the ranking officer present shall assume command and direction of police personnel in a manner to assure the most orderly and efficient accomplishment of the police task. When two or more officers of the same rank are present and one of these is assigned to the investigative detail that will follow up the investigation, that ranking officer will be in charge. This provision is intended to provide for the coordination of the efforts of the several subordinate members who may be assigned to the incident; therefore, it is incumbent upon the ranking officer assuming such control to become acquainted with the facts and insure that appropriate action is being taken or is initiated.

Section 2. General Responsibilities of Members at Crime Scenes.

The first member to arrive at the scene of a crime or other police incident is responsible for the following actions as they may apply to the situation; summoning of medical assistance and the administration of first aid as required to prevent further injury or loss of life, arrest of violator(s), security of the scene.

Section 3. Use of Physical Force. Malicious assaults or batteries committed by members constitute gross misconduct. The use of physical force shall be restricted to circumstances specified by law when necessary to accomplish a police task successfully. Whenever a member, on or off duty, is required to strike or use considerable physical force against another person, he immediately shall call a superior officer to the scene, or if this is not practicable, contact him as soon as possible following the incident and submit a written report to the Chief of Police via the chain of command.

Section 4. Reports and Bookings. No member or employee shall knowingly falsify any official report or enter or cause to be entered any inaccurate, false, or improper information on the books, records or registers of the department.

Section 5. Security of Departmental Business. Members and employees shall not reveal police information outside the department excepts as provided elsewhere in this manual or as required by law or competent authority. Specifically, information contained in police records, other information ordinarily accessible only to members and employees, and the names of informants, complainants, witnesses and other persons known to the police are considered confidential. Silence shall be employed to safeguard confidential information. Violation of the security of this type of information reflects gross misconduct.

Section 6. Recommending Attorneys and Bail Bond Brokers Prohibited. Members and employees shall not suggest, recommend, advise, or otherwise counsel the retention of any attorney or bail bond broker to any person coming to their attention as a result of police business.

This does not apply when a relative of the member seeks such service.

In no case, may such advice be given where a fee, gratuity, or reward is solicited, offered or accepted from the attorney or bail bondsman.

Recommending or acting as an agent for an attorney or bail bondsman is gross misconduct.

Section 7. Acting as Bailor is Prohibited. Members and employees cannot act as bailors for any person in custody except relatives, and in no case where any fee, gratuity or reward is solicited or accepted.

Section 8. Soliciting. No department member shall be allowed to solicit funds or a contribution of any kind by mail, telephone, letter, or in person without obtaining the necessary approval.

Section 9. Association. Members and employees shall not associate or consort with known criminals, persons of ill repute or bad character, except when necessary in the performance of duty and then only under the direction of the Chief of Police.

Section 10. Civil Action, Court Appearance - Subpoenas. A member or employee shall not volunteer to testify in civil actions and shall not testify unless legally subpoenaed. Members and employees will accept all subpoenas legally served. If the subpoena arises out of a departmental employment or if the member or employee is informed that he is a party to a civil action arising out of department employment, he shall immediately notify the Chief of Police and the governmental attorney of the service or notification, and of the testimony he is prepared to give. Members and employees shall not prior to any trial, except in accordance with current directives.

Section 11. Civil Depositions and Affidavits. Members and employees shall confer with their commanding officer before giving a deposition or affidavit on a civil case. If the commanding officer determines that the case is of importance to the Borough, he shall inform the Chief of Police before the deposition or affidavit is given.

RULE X

CONDUCT IN PUBLIC

Section 1. Public Appearance Requests. All requests for public speeches, demonstrations, etc., will be routed to the Chief of Police for approval and processing. Members and employees directly approached for this purpose shall suggest that the party submit his request to the Chief of Police.

Whenever the Police Department is asked to give talks or put on any type of display or demonstration for any of the schools, civic organizations, societies, churches, etc., and the location is outside the Borough of Ship Bottom, it must be ascertained that the organization requesting the service has so informed their own local Police Chief.

Section 2. Conduct Toward the Public. Members and employees shall be courteous and orderly in their dealings with the public. They shall perform their duties quietly, avoiding harsh, violent, profane, or insolent language and always remain calm regardless of provocation to do otherwise. Upon request, they are required to supply their names and badge numbers in a gentlemanly manner. They shall attend to request from the public quickly and accurately, avoiding unnecessary referral to other parts of the Department.

Section 3. Impartial Attitude. All members, while charged with vigorous and unrelenting enforcement of the law, must remain completely impartial toward all persons coming to the attention of the department. Violations of the law are against the people of the state and not against the individual officer.

Section 4. Responding to Calls. Members of the department shall respond without delay to all calls for police assistance from citizens or other members. Emergency calls take precedence, however all calls shall be answered as soon as possible consistent with normal safety precautions and vehicle laws. Failure to answer a call for police assistance promptly, without justification, is misconduct. Except under the most extraordinary circumstances, or when otherwise directed by competent authority, no member shall fail to answer any call directed to him. Members in radio service shall notify the dispatcher when going off the air.

Section 5. Court Appearances. Attendance at a court of quasi-judicial hearing as required by subpoena is an official duty assignment. Permission to omit this duty must be obtained from the prosecuting attorney handling the case or other competent court officer. When appearing in court, either the duty uniform or clothing conforming to standards imposed on officers working in plainclothes shall be worn. Weapons will be displayed unless wearing the uniform. Members shall present a neat and clean appearance, avoiding any mannerism which might imply disrespect to the court, such as gum chewing and smoking.

SECTION X

Any person of good character having duties which require it, may be appointed a special policeman by the Mayor and Council, provided that, except upon authorization by the Mayor and Council, no such special policeman shall be entitled to any compensation from the Borough, nor shall such special policeman be considered an employee of the Borough by reason of such appointment, except upon action by the Mayor and Council. Special policemen shall obey all rules of the Police Department applicable to them, and may be deprived of their appointment by the Mayor and Council at any time.

SECTION XI

The Chief of Police shall have custody of all lost, abandoned or stolen property recovered in the Borough.

SECTION XII

The Mayor, with the consent of the Council may appoint a police matron, who shall perform such duties as may be assigned to her by the Chief of Police.

SECTION XIII

The Chief of Police and other members of the department shall serve for such terms as may be provided by law, and may be removed in the manner provided for the removal of police officers.

SECTION XIV

It shall be unlawful for any member of the Police Department of the Borough to be, or to become a member of any organization in any manner identified with any federation or labor union which admits to membership persons who are not members of the Borough Police Department, or which would in any way exact prior consideration and prevent such officer from performing full and complete police duty at any time. Any police officer who is now a member of such a union shall disassociate himself from it within thirty (30) days from the day of this Ordinance. Failure to comply will constitute reason for immediate dismissal from the Police Department.

The prohibitions herein contained shall not apply to the State of New Jersey Patrolmen's Benevolent Association, nor to the State of New Jersey Fraternal Order of Police.

SECTION XV

Each member of the Police Department shall be a citizen of the United States and a resident of the State of New Jersey. Each applicant must submit to a physical examination by a doctor selected by the Mayor and Council.

Each applicant must be a high school graduate. Each applicant shall be fingerprinted and his fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation. No applicant having a criminal record (misdemeanor or high misdemeanor) shall be accepted.

No person shall be appointed an officer or a member of the Police Department who is under eighteen (18) years of age or over thirty-five (35) years of age. This section shall not apply to any person who was a member of the Police Department of Ship Bottom prior to the passage of this Ordinance.

Any newly appointed member of the Police Department shall have attended a recognized police training school, either the New Jersey State Police Training Academy or any other state approved police training school and shall pass the Academy or any other state approved police training school and shall pass the examination and graduate therefrom before receiving permanent appointment. Ship Bottom shall pay the school costs and the salary of any appointee who has not graduated from such school prior to receiving his initial appointment.

SECTION XVI

No member of the Police Department shall be suspended, removed, fined or reduced from office or employment therein except for just cause as hereinbefore provided, and then only after written charge or charges of the cause or causes of complaint shall have been preferred against him, signed by the person or persons making such charge or charges and filed with the Chairman, and, after the charge or charges shall have been publicly examined by the Mayor and Council, upon not less than ten (10) days' notice to the person charged, it being the intent of this section to give every person against whom a charge or charges for any cause may be preferred under this section a fair trial upon said charge or charges and every reasonable opportunity to make his defense thereto.

Any misstatement contained on an application for employment in the police department of the Borough shall constitute just cause for removal.

SECTION XVII

Before entering upon the duties of his office and within ten (10) days after his appointment, each member of the Police Department shall take and subscribe an oath or affirmation faithfully and impartially to discharge the duties of his appointment as a member of the Police Department and faithfully to uphold and observe the Constitution and laws of the United States and the State of New Jersey and the Ordinances of the Borough of Ship Bottom. Said oath or affirmation shall be taken before and filed with the Borough Clerk.

SECTION XVIII

There shall be established by the Mayor and Council of the Borough of Ship Bottom a Police Committee consisting of three members of the Council. The Police Committee may suspend, without notice, any member of the Police Department if, in its judgment, the best interest of the Borough requires it. Such suspension must be followed by the filing of charges within five (5) days thereafter, and the trial of the said suspended member commence within thirty (30) days after the date of such suspension. In the event of acquittal of such charges, the suspended member of the Police Department shall be entitled to full compensation for the period of such suspension and shall be restored to all rights and privileges.

SECTION XIX

Members of the Police Department shall be compensated in accordance with the provisions of the Salary Ordinance of Ship Bottom.

SECTION XX

A.

Requests for vacation leave are to be made to the Chief of Police and granted by him. The Chief shall keeps records of each police officer and their vacation leave.

SECTION XXI

Uniforms and equipment of the members of the Police Department shall be furnished in accordance with the rules of the department.

SECTION XXII

All regular or special members of the Ship Bottom Police Department at the time of the final passage of this Ordinance shall not be affected by the passage of this Ordinance, but shall remain in their present status.

RULE XXI

OCEAN COUNTY LAW ENFORCEMENT DRUG TESTING POLICY

Section 1. Policy. It is the policy of this County that drug tests shall be conducted of all law enforcement trainees while attending a mandatory basic training course and of all law enforcement officers and trainees when reasonable suspicion exists to believe that the use of drugs illegally. Random drug tests shall be conducted in accordance with the random drug-screening program established in the following procedures. In all cases, drug testing shall be consistent with the provisions of the Attorney General's Law Enforcement Drug Testing Policy and the following procedures:

Section 2. Purpose. The purpose of this policy is to provide Ocean County law Enforcement officials with uniform guidelines and standard operating procedures governing law enforcement drug testing.

Section 3. Definitions.

Applicant - persons who apply for a position as a law enforcement officer who, if appointed, will be responsible for the enforcement of the criminal laws of this State and will be authorized to carry a firearm under N.J.S.A. 2C:39-6.

Chief Law Enforcement Officer - the ranking sworn law enforcement officer or public safety director in the municipality, the County Prosecutor in the Ocean County Prosecutor's Office, the Sheriff in the Ocean County Sheriff's Department.

Law Enforcement Trainee - persons who are subject to the Police Training Act while they attend a mandatory basic training course. For purposes of this policy, trainee includes Class II officers.

Law Enforcement Officers - sworn law enforcement personnel who are responsible for the enforcement of the criminal laws of this State, come under the jurisdiction of the Police Training Act and are authorized to carry a firearm under N.J.S.A. 2C:39-6.

Random Selection - a method of selection in which each and every sworn member of the law enforcement agency, regardless of rank or assignment, has a equal change to be selected for drug testing each and every time a selection conducted.

Section 4. Procedures.

A. Applicability.

1. Applicants may, upon the discretion of the Chief Law Enforcement Officer, be required to submit a urine specimen at any time prior to appointment.

2. Law Enforcement Trainees shall be required to submit one or more urine specimens for testing while they attend the course. Individual trainees shall also be required to submit a urine specimen for testing when there exists reasonable suspicion to believe the trainee is illegally using drugs. A drug test based on a reasonable suspicion shall only be ordered of a trainee with the prior review of the County Prosecutor or his designee.

3. Sworn Law Enforcement Officers can be ordered to submit a urine specimen for drug testing under the following circumstances:

a. Urine specimens shall be ordered with the prior review of the County Prosecutor or his designee and Chief Law Enforcement Officer of the agency where the officer is employed, when there exists reasonable suspicion to believe that the officer is illegally using drugs.

b. Urine specimens shall be ordered from officers who have been randomly selected.

c. Urine specimens may be collected during a regularly scheduled and announced medical examination or a fitness for duty examination. However, the collection and analysis of these specimens are not governed by this policy.

B. Notification of Drug Testing.

1. Applicants.

a. Agencies that choose to test applicants for law enforcement positions must notify those applicants that the pre-employment process will include drug testing. The notification must indicate that a negative result is a condition of employment and that a positive result will cause:

1) the applicant being dropped from consideration for employment; and

2) cause the applicant's name to be reported to the central drug registry maintained by the Division of State Police; and

3) preclude the applicant from being considered for future law enforcement for a period of two years.

b. In Addition, the notification will indicate that if the applicant is currently employed by another agency as a sworn law enforcement officer and the officer tests positive for illegal drug use, the officer's employing agency will be notified of the test results and the officer will be terminated from employment and permanently barred from future law enforcement employment in New Jersey.

2. Trainees.

a. All trainees shall be informed that drug testing is mandatory during basic training. Trainees shall also be informed that a negative result is a condition of employment and that a positive result will cause:

1) the officer's termination from employment; and

2) inclusion of the officer's name in the central drug registry maintained by the Division of State Police; and

3) the officer being permanently barred from future law enforcement in New Jersey.

b. Trainees shall be further informed that the refusal to submit to a drug test shall result in their dismissal from employment and a permanent ban from future law enforcement employment in New Jersey.

c. The Ocean County Police Academy will include in its rules and regulations a provision implementing drug testing during basic training.

d. For purposes of this policy, Class II Special Officers are under the same protocols as trainees. Under the Special Law Enforcement Officers' Act, (N.J.S.A. 40A:14-146.8 et seq.), special law enforcement officers are required to comply with the same rules and regulations as regular police officers employed by the same agency. Therefore, if an agency's regular police officers are required to undergo drug testing, the agency's special law enforcement officer are also required to undergo drug testing. However, only Class Two Special Law Enforcement Officers are subject to testing under the policy. In addition, special law enforcement officers are subject to testing only during those periods when they are employed by the municipality. For example, if a special law enforcement officer is appointed in January but employed between May and October, the special officer is exempt from drug testing between January and April, subject to drug testing between May and October and exempt again in November and December. Special law enforcement officers employed throughout the calendar year are subject to drug testing throughout the calendar year. During those periods when they are eligible for drug testing, special law enforcement officers should be tested at the same time and in the same manner as the agency's regular police officers.

3. Sworn Law Enforcement Officers - Reasonable Suspicion Testing.

a. All law enforcement agencies in Ocean County shall include in its rules and regulations as defined in N.J.S.A. 40A:14-118 or appropriate standard operating procedures, a provision that individual law enforcement officers will be ordered to submit to a drug test when there is a reasonable suspicion to believe that the officer is illegally using drugs.

b. Before an officer may be ordered to submit to a drug test based on reasonable suspicion, the agency shall prepare a written report which documents the basis for the reasonable suspicion. The report shall be reviewed by the County Prosecutor and the Chief Law Enforcement Officer of the agency where the officer is employed before a reasonable suspicion test may be ordered. Under emergent circumstances, approval may be given for a reasonable suspicion test on the basis of a verbal report.

c. The agency's rules and regulations or appropriate standard operating procedures shall also provide that a negative result is a condition of employment as a sworn officer and that a positive result will cause:

1) the officer's termination from employment; and

2) inclusion of the officer's name in the central drug registry maintained by the Division of State Police; and

3) the officer be permanently barred from future law enforcement employment in New Jersey.

4. Sworn Law Enforcement Officers: RANDOM DRUG TESTING PROGRAM.

a) All law enforcement agencies in Ocean County, with the exception of the New Jersey State Police, who follow an existing State policy, shall include in its rules and regulations as defined in N.J.S.A 40A:14-1.18 for municipal law enforcement agencies, or by appropriate standard operating procedures for county agencies, a provision that individual law enforcement officers shall be ordered to submit to a drug test when randomly selected for drug testing. Random drug testing cannot be implemented until rules and regulations establishing such a procedure have been in effect for a minimum of 60 days.

b) All law enforcement officers in the agency are eligible for random drug testing regardless of rank or assignment.

c) The random selection for basic drug testing shall occur on an annual basis, at a minimum. The Chief Law Enforcement Officer shall cause not less than 20% or a minimum of two of the law enforcement officers in his or her agency to be randomly selected after certifying the list of eligible officers.

METHOD.

The method of random selection shall be as follows:

1. Each officer shall be assigned a 4-digit personal identification number (PIN) which shall be used to identify the officers who are drawn in a lottery. The PIN will be placed in a container and randomly drawn by the chief or designee.

2. The total number of random tests to be administered in a calendar year shall be equivalent to not less than 20% of the law enforcement officers to be randomly selected for testing, as well as the total number of testing dates in any given year. At each selection process, a minimum of 10% of a total number of law enforcement officers in the office will be selected for testing. Testing shall occur at a minimum of two (2) times per year.

3. The individuals who shall be present at the time of the random selection shall include the Chief Law enforcement Officer or his designee, a representative of the bargaining unit, and the Internal Affairs Officer.

4. Any member of the law enforcement agency who disclosed the identity of an individual selected for random testing or the fact that a random selection is scheduled to take place prior to the collection of urine specimens shall be subject to administrative discipline.

d) At the discretion of the Chief Law Enforcement Officer, a random selection for steroid drug testing may occur when the Chief Law Enforcement Officer causes the random selection for basic drug testing. In cases where the Chief Law Enforcement Officer has determined to test for steroids, the following procedures shall be followed:

1. One employee for each agency shall be selected from the randomly selected list of employees generated for basic drug testing. The employee who falls in the top position of the randomly assorted list shall be tested for steroids.

2. The selection process shall be conducted by the Chief Law Enforcement Officer with the list of randomly selected employees for the agency furnished to the agency's Internal Affairs Unit.

3. The process shall be done in its entirety each and every time a selection takes place, with no regard to previous selections.

4. One representative of the organization(s) representing the law enforcement officers shall be invited to witness the selection process.

5. Any employee of the agency who disclosed the identity of an individual selected for random testing or the fact that a random selection is scheduled to take place prior to the collection of urine specimens shall be subject to disciplinary action.

C. Specimen Acquisition Procedures.

1. Preliminary acquisition procedures.

a. Each Ocean County law enforcement agency shall designate a member of its staff to serve as monitor of the specimen acquisition process. The monitor shall always be of the same sex as the individual being tested. In the event there is no member of the same sex available from the agency collecting the specimens, the agency may request that a member of the same sex from another law enforcement agency serve as monitor of the process.

b. The monitor of the specimen acquisition process shall be responsible for:

1) Ensuring that all documentation is fully and accurately completed by the individual submitted the specimen.

2) Collecting specimens in a manner that provides for individual privacy while ensuring the integrity of the specimen.

3) Complying with chain of custody procedures established for the collection of urine specimens and their subsequent submission to the New Jersey State Toxicology Laboratory within the Division of Criminal Justice for analysis.

c. Prior to the submission of a specimen, an applicant for a law enforcement position shall execute a form for the collection and analysis of their urine for illegal drugs. (Attachment A) The form shall also advise the applicant that a negative result is a condition of employment and that a positive result will:

1) cause the applicant being dropped from consideration for employment; and

2) cause the applicant's name to be reported to the central drug registry maintained by the division of State Police; and

3) preclude the applicant from being considered for future law enforcement for a period of two years.

 Applicants shall not be required to complete a medical questionnaire (Attachment B) prior to the submission of a specimen unless they have already received a conditional officer of employment. However, applicants who have not received a conditional offer of employment can be required to complete a medical questionnaire if, following the submission of their specimen to the State Toxicology Laboratory for analysis, the law enforcement agency receives a report indicating that the specimen tested positive for a controlled substance.

d. Prior to the submission of a urine specimen, a trainee enrolled in a basic training course shall execute a form (Attachment C) advising the trainee that a negative result is a condition of employment and that a positive result will:

1) cause the trainee to be dismissed from basic training; and

2) cause the trainee to be dismissed from employment as a law enforcement officer by his or her appointing authority;

3) cause the trainee's name to be reported to the central drug testing registry maintained by the Division of State Police; and

4) cause the trainee to be permanently barred from future law enforcement employment in New Jersey.

 The form shall also advise trainees that the refusal to participate in the test process carries the same administrative penalties as testing positive. Trainee shall also complete a medical questionnaire (Attachment B) which clearly describes all medications, both prescription and over-the-counter (non-prescription), that were ingested in the past 30 days.

2. Specimen Collection

a. Throughout the test process, the identity of individual applicants, trainees and sworn law enforcement officers shall remain confidential. Individual specimens shall be indentified throughout the process by the use of social security numbers. At no time shall an individual's name appear on any form or specimen container sent to the State Toxicology Laboratory.

b. Specimens will be collected utilizing equipment and supplies approved by the State Toxicology Laboratory. Under no circumstances may a specimen be collected and submitted for analysis in a specimen container that has not been approved by the State Toxicology Laboratory.

1) After the monitor has inspected the appropriate forms for accuracy, the applicant, trainee or sworn officer shall void into the specimen collection container.

2) After a specimen has been produced, the person submitting the specimen shall seal his or her specimen in the specimen container and deliver it to the monitor.

3) Once the monitor is satisfied that the required documentation is accurate and he or she has inspected the specimen container to determine that a specimen has been produced, the monitor shall take possession of the specimen and ensure that it is delivered to the State Toxicology Laboratory for analysis.

d. Persons giving a specimen will void without the direct supervisions of the monitor unless there is reason to believe that the individual will adulterate the specimen or otherwise compromise the integrity of the test process. Under these circumstances, the production of a specimen may be directly observed by the monitor. Law Enforcement agencies must document the facts underlying their belief that an individual may adulterate a specimen or compromise the integrity of the test process.

e. Persons giving a specimen who initially are unable to produce a urine specimen may remain under the supervision of the test monitor until the monitor is satisfied that the individual cannot produce a specimen. While the individual is under supervision, the monitor may allow the individual to drink fluids in an attempt to induce the production of a specimen, if the individual remains unable to provide a specimen after a reasonable period of time. The monitor may have the individual examined by a doctor to determine whether the inability to produce a specimen was the result of a medical or physical infirmity or constituted a refusal to cooperate with the drug testing process.

f. Trainees and sworn law enforcement officers shall have the option to provide the monitor with a second urine specimen at the same time the first specimen is collected.

1 The second specimen shall be collected in the same fashion as the first specimen. The monitor shall take possession of the second specimen and place it in a secured refrigerated storage area.

2 The law enforcement agency shall maintain possession of the second specimen for a period of 60 days or until the agency receives notification from the State Toxicology Laboratory that the first specimen tested negative for the presence of controlled substances.

3 The second specimen shall be released by the law enforcement agency under the following circumstances:

a. The law enforcement agency is notified by the State Toxicology Laboratory that the first specimen tested positive for a controlled substance; and

b. The law enforcement agency is informed by the individual whose specimen tested positive that the individual wishes to have the specimen independently tested; and

c. The officers must designate a laboratory that is licensed as a clinical laboratory by the New Jersey Department of Health under the New Jersey Clinical Laboratory Improvement Act to conduct the independent test; and

d. A representative of the licensed clinical laboratory designated by the individual takes possession of the specimen in accordance with accepted chain of custody procedures within 60 days of the ate the specimen was produced.

D. Submission of Specimens for Analysis.

1. The New Jersey State Toxicology Laboratory within the Division of Criminal Justice will constitute the sole facility for the analysis of law enforcement drug tests. Law enforcement agencies are not permitted to use any other facility or laboratory for purposes of analyzing urine specimens.

2. Urine specimens should be submitted to the State Toxicology laboratory within one working day of their collection. In the event a specimen cannot be submitted to the laboratory within one working day of its collection, the law enforcement agency shall store the specimen in a controlled access refrigerated storage area until submission to the State Toxicology Laboratory.

a. Submission of specimens to the State Toxicology Laboratory may be accomplished by personnel from the law enforcement agency or be delivered to the Ocean County Sheriff's Department which will transport the sample(s) to the State Toxicology Laboratory.

E. Analysis of Specimens.

1. The State Toxicology Laboratory will utilize the following test procedures to analyze urine specimens for basic drugs for law enforcement agencies:

a. All specimens will be subject to an initial test utilizing fluorescence polarization immunoassay analysis.

b. Those specimens that test positive for a controlled substance following the fluorescence polarization immunoassay, shall be subject to a gas chromatograph/mass spectrophotometry analysis to confirm the presence of the controlled substance.

c. In the event a specimen is confirmed to be positive for a controlled substances following the gas chromatograph/mass spectrophotometry, a medical review officer at the laboratory shall compare the test results with the medical questionnaire submitted with the specimen to determine whether any substance listed on the questionnaire would explain the test result. The medical review officer may direct the agency that collected the specimen to obtain further information from the individual being tested concerning the medications listed on the questionnaire. In the event the questionnaire does not explain the test result, the medical review officer shall issue a report indicating that the specimen test positive.

d. The State Toxicology Laboratory shall analyze each specimen for the following substances and their metabolites:

1) AMPHETAMINE/METHAMPHETAMINE;

2) BARBITURATES;

3) BENZODIAZEPINE;

4) CANNABOINOIDS;

5) COCAINE;

6) METHADONE;

7) PHENCYCLIDINE; and

8) OPIATES

e. In addition to the testing outlined above, specimens submitted to the State Toxicology Laboratory may be tested for additional substances at the request of the law enforcement agency submitting the specimen. The State Toxicology Laboratory has the ability through its own facilities as well as the facilities of cooperating laboratories to arrange drug testing for steroid abuse, as well as various "designer", "club" or "rave" drugs including the following:

1) Methylenedioxymethamphetamine (a.k.a. MDMA, Ecstasy, X, XTC);

2) Gamma-hydroxybutyrite (a.k.a. GHB, Grievous Bodily Harm, G. Liquid Ecstasy);

3) Ketamine (a.k.a. Special K, Vitamin K, K);

4) Rohypnol (a.k.a. Roofies, Rophies, Forget-me pills);

5) Lysergic acid diethyamide (a.k.a. LSD)

The methods and procedures used to analyze specimens for these additional substances will differ from the procedures outlined above.

Ordinarily, drug testing for the additional substances listed above will be limited to specimens collected based on reasonable suspicion. Agencies wishing to conduct testing for these additional substances on a more regular basis must contact the Division of Criminal Justice and the State Toxicology Laboratory.

f. The analysis of each specimen shall be done in accordance with procedures adopted by the State Toxicology Laboratory. These procedures shall include but not limited to security of the test specimens, chain of custody, metabolite cut-off levels and the issuance of test reports.

2. The State Toxicology Laboratory will utilize the following test procedure to analyze urine specimens for steroids for law enforcement agencies:

a. A specimen selected for steroid drug testing shall first undergo basic drug testing. Following the completion of the basic drug testing process and regardless of the results of the process, the specimen shall undergo testing for the presence of steroids. Steroid drug testing shall be conducted according to procedures adopted by the State Toxicology Laboratory. To assist with the implementation and administration of the steroid drug testing process, the State Toxicology Laboratory may utilize the services of one or more clinical laboratories that provide steroid drug testing programs.

b. Should the State Toxicology Laboratory utilize a steroid drug testing program provided by another clinical laboratory, the State Toxicology Laboratory shall follow accepted scientific and chain of custody procedures to ensure the integrity of the steroid drug test process. These procedures shall encompass the preparation, packaging and referral of the specimen to the clinical laboratory.

c. Steroid drug test results generated by another clinical laboratory shall be reported to the State Toxicology Laboratory for review. Should the State Toxicology Laboratory concur with the results reported by the clinical laboratory, the laboratory shall report the same to the subject officer's employing agency. The authority to issue reports concerning steroid drug testing to the subject officer's employing agency is expressly limited to the State Toxicology Laboratory.

d. Under no circumstances shall an officer selected for random testing whose specimen is designated for steroid testing be required to provide an additional specimen to his or her agency to effectuate the steroid drug testing program.

F. Drug Test Results.

1. The State Toxicology Laboratory will provide written test results for every specimen submitted for analysis. All efforts will be made to deliver these reports within 15 working days of the submission. Reports will be addressed to the contact person listed on the specimen submission record. Positive test results will be sent to the contact person by overnight express mail.

2. The State Toxicology Laboratory shall not report a specimen as having tested positive for a controlled substance until the specimen has undergone a confirmatory test and the medical review officer has reviewed the results of that test with the medical questionnaire pertinent to that specimen.

3. In some cases, the State Toxicology Laboratory will report that a specimen tested positive for a particular substance and that the information on the medication information form explains the test result. For example, the Laboratory may report that a specimen tested positive for barbiturates and that a prescription medication listed on the form by the officer explains the test result. At this point, it is the responsibility of the submitting agency to determine whether the officer had a valid prescription. Officers who do not have a valid prescription are subject to disciplinary action including termination by the agency.

4. Under no circumstances, will the State Toxicology Laboratory provide law enforcement agencies with verbal reports of drug tests results. In addition, no individual or agency may ask the Laboratory to conduct a second analysis of a specimen that has already been analyzed by the Laboratory.

5. The submitting agency shall notify the applicant, trainee or sworn officer of the results of a positive test as soon as practical after receipt of the report from the State Toxicology Laboratory. Upon request, the individual may receive a copy of the laboratory report.

G. Consequences of a Positive Test Result.

1. When an applicant tests positive for illegal drug use:

a) The applicant shall be immediately removed from consideration for employment by the agency.

b) The applicant shall be reported to the Central Drug Registry maintained by the Division of State Police by the law enforcement agency to which the individual applied; and

c) The applicant shall be precluded from consideration for future law enforcement employment by any law enforcement agency in New Jersey for a period of 2 years.

d) Where the applicant is currently employed by another agency as a sworn law enforcement officer, the officer's current employer shall be notified of the positive test results. Under these circumstances, the officer's current employer is required to dismiss the officer from employment and also report his or her name to the Central Drug Registry maintained by the Division of State Police.

2. When a trainee tests positive for illegal drug use, subject to rules adopted by the Police Training Commission:

a) The trainee shall be immediately dismissed from basic training and suspended from employment by his or her appointing authority;

b) The trainee shall be terminated from employment as a law enforcement officer, upon final disciplinary action by the appointing authority;

c) The trainee shall be reported to the Central Drug Registry maintained by the Division of State Police; and

d) The trainee shall be permanently barred from future law enforcement employment in New Jersey.

3. When a sworn law enforcement officer tests positive for illegal drug use:

a) The officer shall be immediately suspended from all duties;

b) The officer shall be terminated from employment as a law enforcement officer, upon final disciplinary action.

c) The officer shall be reported to the Central Drug Registry maintained by the Division of State Police by his or her employer; and

d) The officer shall be permanently barred from future law enforcement employment in New Jersey.

H. Consequences of a Refusal to Submit to a Drug Test.

1. Applicants who refuse to submit to a drug test during the pre-employment process shall be immediately removed from consideration for law enforcement employment for a period of two years. In addition, the appointing authority shall forward the applicant's name to the Central Drug Registry and note that the individual refused to submit to a drug test.

2. Trainees who refuse to submit to a drug test during basic training shall be immediately removed from the academy and immediately suspended from employment. Upon a finding that the trainee did in fact refuse to submit a sample, the trainee shall be terminated from law enforcement employment and permanently barred from future law enforcement employment in New Jersey. In addition, the appointing authority shall forward the trainee's name to the Central Drug Registry and note that the individual refused to submit to a drug test.

3. Sworn Law Enforcement Officers who refuse to submit to a drug test ordered in response to reasonable suspicion or random selection shall be immediately suspended from employment. Upon a finding that the officer did in fact refuse to submit a sample, the officer shall be terminated from law enforcement employment and permanently barred from future law enforcement employment in New Jersey. In addition, the appointing authority shall forward the officer's name to the Central Drug Registry and note that the individual refused to submit to a drug test. Failure to take the test for any reason, including resignation, shall be deemed a refusal.

I. Record Keeping.

1. Each law enforcement agency's Internal Affairs Unit shall maintain all records relating to the drug testing applicants, trainees and law enforcement officers.

2. Each agency's drug testing records shall include but need not be limited to:

a. For all drug testing:

1) the identity of those ordered to submit urine samples;

2) the reason for that order;

3) the date the urine was collected;

4) the monitor of the collection process; the chain of custody of the urine sample from the time collected until the time it was received by the State of Toxicology Laboratory;

5) the results of the drug testing;

6) copies of notifications to the subject; and

7) for any positive result or refusal, appropriate documentation of disciplinary action.

b. For random drug testing, the records will also include the following information:

1) a description of the process used to randomly select officers for drug testing;

2) the date selection was made;

3) a copy of the document listing the identities of those selected for drug testing;

4) a list of those who were actually tested; and

5) the date(s) those officers were tested.

3. Drug testing records shall be maintained with the level of confidentiality required for internal affairs files pursuant to the New Jersey Internal Affairs Policy and Procedures.

J. Central Drug Registry.

1. Every law enforcement agency shall notify the Central Drug Registry maintained by the Division of State Police of the identity of applicants, trainees and sworn law enforcement officers who test positive for the illegal use of drugs or refuse an order to submit a urine sample.

2. Notifications to the Central Drug Registry shall include the following information as to each individual;

a) name and address of the submitting agency;

b) name of the individual who tested positive;

c) last known address of the individual;

d) date of birth;

e) Social security number;

f) SBI number (if applicable);

g) substance the individual tested positive for, or circumstances of the refusal to submit a urine sample;

h) date of dismissal from the agency; and

i) whether the individual was an applicant, trainee or sworn law enforcement officer.

3. Notification to the central registry shall be sent to:

RECORDS and IDENTIFICATION SECTION

Division of State Police

P.O. Box 7068

West Trenton, New Jersey 08628

4. Information contained in the central registry, may be released by the Division of State Police only under the following circumstances:

a) In response to an inquiry from a law enforcement agency as part of the background investigation process for prospective or newly appointed personnel.

b) In response to a court order.

ATTACHMENT A

DRUG TESTING
APPLICANT NOTICE AND ACKNOWLEDGMENT

I,___________, understand that as part of the pre-employment process, the _______ will conduct a comprehensive background investigation to determine my suitability for the position for which I have applied.

I understand that as part of this process, I will undergo drug testing through urinalysis.

I understand that if I refuse to undergo the testing, I will be rejected for employment.

I understand that if I produce a positive test result for illegal drug use, I will be rejected for employment.

I understand that if I produce a positive test result for illegal drug use, that information will be forwarded to the Central Drug Registry maintained by the Division of State Police. Information from that registry can be made available by court order or as part of a confidential investigation relating to law enforcement employment.

I understand that if I produce a positive test result for illegal drug use and am not currently employed as a sworn law enforcement officer, I will be barred from future law enforcement employment in New Jersey for two years. After this two year period, the positive test result may be considered in evaluating my fitness for future law enforcement employment.

I understand that if I am currently employed as a sworn law enforcement officer and I produce a positive test result for illegal drug use, my current law enforcement employer will be notified of the positive test result. In addition, I will be dismissed from my law enforcement position and will be permanently barred from law enforcement employment.

I have read and understand the information contained on this "Applicant Notice and Acknowledgement" form. I agree to undergo drug testing through urinalysis as part of the pre-employment process.

_____		_____
Signature of Applicant		Signature of Witness
_____		_____
Date		Date
		_____
		Print Name

 

ATTACHMENT B

DRUG TESTING
MEDICATION INFORMATION

As part of the drug testing process, it is essential that you inform us of all medications you have taken in the last thirty (30) days. Please carefully complete the information below:

Check all that apply:

□  A. During the past 30 days I have taken the following medication prescribed by a physician:

	Name of Medication	Prescribing Physician	Date Last Taken
1
2
3

 

 

□  B. During the past 30 days, I have taken the following non-prescription medications (cough medicine, cold tablets, aspirin, diet medication, nutritional supplements, etc.)

	Non-Prescription Medication	Date Last Taken
1
2
3

 

 

□  C. During the past 30 days, I have taken NO prescription or non-prescription medications.

_____		_____
Social Security Number & Initials		Date
_____		_____
Signature of Witness	Date
_____
Print Name

 

ATTACHMENT C

DRUG TESTING
TRAINEE NOTICE AND ACKNOWLEDGMENT

I, ___________, understand that as part of the program training at _______ I will undergo unannounced drug testing by urinalysis during the training period.

I understand that a negative result is a condition of my continued attendance at the academy.

I understand that I can refuse to undergo the testing, I understand that if I refuse, I will be dismissed from the academy and from my law enforcement position.

I understand that if I produce a positive test result for illegal drug use, I will be dismissed from the academy.

I understand that if I produce a positive test result for illegal drug use, the academy will notify my employer of the positive test result. In addition, I will be permanently dismissed from my law enforcement position.

I understand that if I produce a positive test result for illegal drug use, that information will be forwarded to the Central Drug Registry maintained by the Division of State Police. Information from that registry can be made available by court order or as part of a confidential investigation relating to law enforcement employment.

I understand that if I produce a positive test result for illegal drug use, I will be permanently barred from serving as a law enforcement officer in New Jersey.

I have read and understand the information contained on this "Trainee Notice and Acknowledgement" form. I agree to undergo drug testing through urinalysis as part of the academy training program.

_____		_____
Signature of Applicant		Signature of Witness
_____		_____
Date		Date
		_____
		Print Name

 

ATTACHMENT D

NOTIFICATION TO THE CENTRAL DRUG REGISTRY