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BOROUGH OF FAIR LAWN
POLICE DEPARTMENT

RULES AND REGULATIONS

COUNTY OF BERGEN
STATE OF NEW JERSEY

DEPARTMENT OF POLICE
BOROUGH OF FAIR LAWN
NEW JERSEY

This manual is the property of The Borough of Fair Lawn. It is assigned to you by serial number, and upon separation from police
service, you are bound to return it. You are responsible for its security.

If lost, finder please return to
Department of Police,
The Borough of Fair Lawn at
8-01 Fair Lawn Avenue,
Fair Lawn, New Jersey 07410
____________________________________
Name of Police Officer/Employee
_________________________
Manual Number

ARTICLE
Introduction

TABLE OF CONTENTS
Page #
2

Oath of Office

4

I.

5

Establishment of Department Rules and Regulations
A.
B.

Police Department Authority Powers - Duties
Application

5
7

II.

Definitions

9

III.

Table of Organization - Chain of Command

16

IV.

Command and Supervisory Responsibilities and Authority
A.
B.
C.
D.
5.
6.

V.

VI.

VII

17

Chief of Police
Police Captain
Police Lieutenant
Police Sergeant
Commanding Officers - Authority and Responsibilities
Shift Supervisor/Officer-In-Charge Authority and Responsibilities

17
20
23
25
26
27

Responsibilities and Duties of Detectives, Police Officers & Civilian
Employees

29

A.
B.
C.

29
30
32

Detective/Plainclothesman
Police Officer
Civilian Employees

Code of Ethics

34

A.

34

Code of Ethics

Professional Conduct and Responsibilities
A.
General Responsibilities
B.
Duty Responsibilities

35
35
36

C.
D.

General Conduct on Duty
Uniforms, Equipment and Appearance

40
44

TABLE OF CONTENTS CONTINUED
ARTICLE
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.

PAGE #
Department Property and Equipment
Communications, Correspondence
Investigations
Use Of Force
50
Arrests
Detentions
Firearms
Public Activities
Political Activities
Judicial and Investigative Action, Appearances and Testifying

44
44
47
57
58
60
61
63
64

VIII.

Drug Abuse and Drug Testing

66

IX.

Alcohol Abuse and Alcohol Testing

67

A.
B.
C.

General Guidelines
67
General Methods and Procedures For Alcohol Testing
67
Methods and Procedures For Alcohol Testing For Members 68

X.

Sexual Harassment
A.
Policy
B.
Responsibility

71
71
71

XI.

Police Training

72

A.

72

XII.

Individuals Affected By The Act

Disciplinary Actions

73

A.
XIII.

Departmental Discipline

73

Disciplinary Code
A.
B.
C.
D.

Relationship of Offenses to Penalties
Rules, Charges and Disciplinary Actions
Department Disciplinary Hearings
Appeal Procedures

XIV. Changes and Modifications

76
76
77
83
85

86

INTRODUCTION
The following manual is adopted pursuant to the Ordinances of The Borough of Fair Lawn for the Government, Discipline,
Administration and Operation of the Department of Police (hereinafter referred to as the "Department", and its members.
The success of a police force, in the performance of its duties, is largely measured by the degree of support and cooperation it
receives from the people of the community it serves. The Department must continuously strive to secure the confidence, respect and
approval of the public. Necessarily, the cultivation of such desirable attitudes is dependent upon the proper performance of duty by all
Page 1 of 91

the members of the Department.
The Borough of Fair Lawn ordinances and State statutes which are shown here are those which relate to the administration of the
Department, conditions of employment, or the conduct of members.
A professional responsibility no less grave than that of other administrators of the law is imposed upon members of the
Department. Professionalization of police is gaining general recognition, but it can win universal acclaim and permanent status only if the
actions of the police are reflected in intelligent, sincere, efficient, and courteous service. The police profession must embody the highest
attributes of every other profession. Not private profit, nor personal reward, but the service of the community is the earmark of the
professional police officer.
The rules and regulations portion of the manual is designed to guide members in the areas of conduct.
Any violation of the rules and regulations may become the basis for disciplinary action.
The standard operating procedures section of the manual is intended to cover policies and procedures. Material that is primarily
instructional in nature will also be incorporated as a part of the standard operating procedures.
These Rules and Regulations and standard operating procedures must not be construed as final and exhaustive. Periodic written
directives in the form of general orders will provide supplementary guides to meet changing conditions. In this respect, the administration
of the Department encourages the suggestions and involvement of members.
Above all, the manual must be considered as a means to an end, not as an end in itself. Members of the Department must regard
themselves as part of a team dedicated to the safety and protection of the community, and the manual must be used to aid in
accomplishing this important task.
One copy of the Police Manual shall be distributed to each police officer and to certain employees of the Department. Each police
officer shall sign for his or her copy of the Police Manual. For reference purposes, copies shall be distributed to the Office of the Borough
Manager, the Borough of Fair Lawn Attorney, the Mayor, the Borough of Fair Lawn Personnel Officer, and the governing body.
All police officers and employees who are assigned a manual shall be responsible for its maintenance and care. All manuals shall
be kept current, and supplementary pages concerning additions, revisions, or amendments shall be promptly inserted.
Each police officer and civilian employee is duty bound to thoroughly familiarize himself or herself with provisions of the Police
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Manual. Failure to comply shall be considered neglect of duty.
In the event neglect of duty is charged against a police officer for failure to observe the Rules and Regulations, Department
Procedures, or Orders, ignorance of any provision of this manual or any Department Procedure or Order will not be accepted as an
excuse.
This manual shall, from time to time, be amended as circumstances and experience dictate as well as amendments required by
law.

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OATH OF OFFICE

New members shall take the following Oath of Office:

I,
, do solemnly swear (or affirm) that I will support the Constitution of the United States , the Constitution of
the State of New Jersey, and that I will bear true faith and allegiance to the same and to the governments established in the
United States and in this state under the authority of the people and that I do solemnly swear (or affirm) that I will faithfully,
impartially and justly perform all the duties of the office of .............................................. of the Borough of Fair Lawn, in the
County of Bergen, in the State of New Jersey, accordingly to the best of my ability.

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RULES AND REGULATIONS
ARTICLE I
ESTABLISHMENT OF DEPARTMENT RULES & REGULATIONS
A.

POLICE DEPARTMENT AUTHORITY - POWERS - DUTIES
1.

Legal Authorization. New Jersey Statute 40A:14-118 states:
"The governing body of any municipality, by ordinance, may create and establish an executive and enforcement
function of municipal government, a police force, whether as a department or as a department, division or other
agency thereof, and provide for the maintenance, regulation and control thereof. Any such ordinance shall, in a
manner consistent with the form of government adopted by the municipality and with general law, provide for a line of
authority relating to the police function and for the adoption and promulgation by the appropriate authority of rules
and regulations for the government of the force and for the discipline of its members. The ordinance may provide for
the appointment of a Director/Chief of police and such members, officers and personnel as shall be deemed
necessary, the determination of their terms of office, the fixing of their compensation and the prescription of their
powers, functions and duties, all as the governing body shall deem necessary for the effective government of the
force. Any such ordinance, or rules and regulations, shall provide that the Chief of police, if such position is
established, shall be the head of the police force and that he shall be directly responsible to the appropriate authority
for the efficiency and routine day to day operations thereof, and that he shall, pursuant to policies established by the
appropriate authority:
a.

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

b.

Have, exercises, and discharge the functions, powers and duties of the force;

c.

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

d.

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

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e.

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

As used in this section, "appropriate authority" means the mayor,
manager, or such other appropriate executive or administrative officer,
such as a full-time Director/Chief of public safety, or the governing body
or any designated committee or member thereof, or any municipal board
or commission established by ordinance for such purposes, as shall be
provided by ordinance in a manner consistent with the degree of
separation of executive and administrative powers from the legislative
power provided for in the charter or form of government either adopted by
the municipality or under which the governing body operates.
Except as provided herein, the municipal governing body and individual
members thereof shall act in all matters relating to the police function in
the municipality as a body or through the appropriate authority if other
than the governing body."
Statutory requirements are to be used as guidelines and may be revised
in practice by the governing body in agreement with the Chief of Police.
2.

Ordinance
The Department of Police is established by authority of Ordinance
Chapter 33, Article I, entitled " Establishment of Department”
Pursuant to Ordinance Chapter 33 Article I, it shall be the duty of every
officer and member of the police department to observe and enforce all
state and federal laws, borough ordinances, and rules and regulations
pertaining to his/her duty as a police officer. A police officer is authorized
and empowered and it shall be his/her duty to do and perform all acts and
things required by general law and ordinances of the borough and the
rules and regulations of the police department. As an example of these
responsibilities, but not by way of limitation, police officers shall:
a.

Preserve the public peace, prevent crimes, detect and arrest
offenders against the penal laws and ordinances effective within
The Borough of Fair Lawn, suppress riots, mobs and insurrections,
disperse unlawful or dangerous assemblies and preserve order at
all elections and public meetings and assemblages.

b.

Administer and enforce laws and ordinances to regulate, direct,
control, and restrict the movement of vehicular and pedestrian
traffic and the use of streets by vehicles and persons, and to make
rules and regulations not inconsistent with the charter, ordinance
and general law for such purpose.
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3.

c.

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

d.

Provide proper police attendance and protection at fires.

e.

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

f.

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

g.

Provide training to maintain and improve the police efficiency of
the members of the Department.

Rules and Regulations Established
The appropriate authority of The Borough of Fair Lawn hereby adopts
and promulgates the department Rules and Regulations, known as the
"Borough of Fair Lawn Police Department Rules and Regulations."

4.

Right to Amend or Revoke
For the good of the service, in accord with New Jersey Statute 40A:14118, the right is reserved by the appropriate authority, as the
representative of the governing body, to amend or to revoke any of the
rules, regulations, or procedures, or add thereto, as circumstances
require.

5.

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

B.

APPLICATION
1.

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

2.

All existing Department rules and regulations, orders and instructions in
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conflict with these regulations are canceled.
3.

All general and special orders, instructions (including those on
Department forms) and manuals not in conflict with these regulations
shall have the same authority as regulations.

4.

Policies and procedures, special and personnel orders shall not be
canceled, amended, or issued without the approval and signature of the
Chief of Police.

5.

Failure of an officer either willfully or through negligence or incompetence
to perform the duties of his rank or assignment, or violation by officer or
civilian employee of any Department regulation or order, may be
considered sufficient cause for disciplinary action.

6.

Each section of these rules and regulations and every subsection hereto
shall be deemed independent, separate and distinct from all other
sections and the holding of any section or part hereto to be
unconstitutional, void or ineffective for any cause shall not be deemed to
affect the validity or constitutionality of any other section or part hereof.

7.

All rules, regulations, orders and instructions shall be interpreted and
implemented
consistent with the existing collective bargaining agreement between Fair
Lawn police officers and the Borough of Fair Lawn.

8.

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ARTICLE II
DEFINITIONS
ACTING
Serving temporarily in a position to which the member is not ordinarily assigned, usually in a
position of higher rank. All the authority, responsibilities and duties of the officer in the higher
position devolve upon the acting member.
ACTING CHIEF
A Captain of Police acting in the capacity of Chief of Police during the extended absence of
the Chief. The Acting Chief is assigned by the Borough Manager upon the recommendation of
the Chief of Police.
ADMINISTRATOR
Shall be the Borough Manager of The Borough of Fair Lawn.
ANNUAL LEAVE
Vacation period granted to all members annually in accord with The Borough of Fair Lawn
Ordinances.
APPROPRIATE AUTHORITY
Shall be the Borough Manager of The Borough of Fair Lawn.
AUTHORITY
Authority is the statutory or policy vested right to give commands, enforce obedience, initiate
action and make necessary decisions. Authority may be delegated by those so designated.
Acts performed without proper authority or authorization shall be considered in violation of the
manual, and those persons in violation shall be subject to disciplinary action.
AUXILIARY POLICE
Persons vested with special police authority pursuant to Directive #98 and certified by the
New Jersey State Police, Auxiliary Police Organization and it’s Training Manual, but are not
members of the Police Department.
BOROUGH
The Borough of Fair Lawn, New Jersey
BOROUGH MANAGER
The Administrator, Appointing Authority and Appropriate Authority of the Borough of Fair
Lawn, New Jersey
BUREAU
A unit immediately subordinate to a Division.
CAPTAIN
Captain of Police of the Department.

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CHAIN OF COMMAND
The unbroken line of authority extending from the Chief of Police through one or more
subordinates at each level of command down to the level of execution and vice versa.
CHIEF
Chief of Police of the Department
COMMANDING OFFICER
Any officer appointed to the rank of Sergeant or higher who is in command of a Division, Unit
or Bureau.
DAYS OFF
Those days determined by the Chief of Police on which a given member is excused from duty.
DEPARTMENT
The Borough of Fair Lawn, Department of Police.
DEPARTMENTAL MANUAL
Reference the herein 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 Director of Police and carry the weight of a General Order. Compliance
with the provisions of Departmental Manuals is required.
DETAIL
A temporary assignment of personnel for a specialized activity.
DETECTIVE
A police officer assigned to conduct criminal investigations while in civilian clothing.
DIVISION
A functional unit having jurisdiction-wide coverage whose commanding officer reports directly
to the Chief of Police.
EMPLOYEE
All employees of the department, whether sworn regular or special police officers or civilian
employees.
GENDER
The use of the masculine gender in any directive or manual includes the female gender, when
applicable.
GENERAL ORDERS
Written directives issued at the Departmental or Division level by the Chief of Police. General
Orders remain in full force and affect until amended, superseded or canceled by the Chief of
Police. Departmental General Orders establish policy, procedure, or regulations governing
matters which effect the entire Department or two (2) or more subordinate units. They are the
most authoritative directive issued in the Department and may be used to amend, supersede
or cancel any other order.
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HEADQUARTERS
The portion of the Municipal Building that houses the headquarters staff and the
members/employees of the Police Department.
INCOMPETENCE
Incapable of satisfactory performance of police duties.
INFORMATION BULLETIN
A bulletin containing information regarding wanted persons, and property, crime patterns, and
other incidents calling for police attention, special notices, etc.
INSUBORDINATION
Failure or deliberate refusal of any member or employee to, in a timely manner, obey a lawful
order given by a superior officer. Ridiculing a superior officer or his order, whether in or out of
his presence, is also insubordination. Disrespectful, mutinous, insolent, or abusive language
towards a superior officer is insubordination.
LAWFUL ORDER
Any written or oral directive issued by a superior officer to any subordinate or group of
subordinates in the course of police duty which is not in violation of any law, ordinance, or any
Department rule or regulation.
LEAVE OF ABSENCE
The period of time during which a police officer is excused from active duty and during which
time he receives no pay.
LIEUTENANT
Lieutenant of Police of the Department.
MAY/SHOULD
Indicates that the action is permitted; yet not mandated.
MEMBER
Any duly appointed police officer of the Department.
MEMORANDA
Information bulletins which are primarily designed to inform and secondarily to direct issues at
Departmental level. Such memoranda are not official orders, but express the thinking of the
issuing authority on the subject under consideration.
MILITARY LEAVE
The period of time during which an officer is excused from duty by reason of serving in the
armed forces of the United States in an active capacity as provided by law.

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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 a crime, disorder, or other act
or condition deserving police attention; absence without leave; failure to report to duty at the
time and place designated; unnecessary absence from the beat during the tour of duty; failure
to perform duties or comply with provisions prescribed in the Police Manual, and; failure to
conform to the Department operating procedures.
OFF DUTY
The status of a member during the period he is free from the performance of specified duties.
OFFICER-IN-CHARGE
Ranking member of the Department on duty. Rank is determined by grade first, and by
seniority second. Any member up to and including the rank of Captain in charge of a shift,
detail, etc.
OFFICIAL CHANNELS
Through the hands of the superior officers in the chain of command.
ON DUTY
The status of a member during the period of day when he is actively engaged in the
performance of his duties. Technically, a police officer is subject to re-call at all times.
ORDER
Any written or oral directive issued by a superior officer to any subordinate or group of
subordinates in the course of police duty.
POLICE OFFICER
Any sworn member of the Department below the rank of Sergeant.
PERSONNEL ORDERS
Appointment, assignment or any other status change of personnel within the Department are
accomplished by Departmental Personnel Orders issued by the Ranking Officer. Division
Personnel Orders may be issued by a Commanding Officer to detail personnel. Division
Personnel Orders shall be forwarded to the office of the Director/Chief of Police.
PLURALITY OF WORDS
The singular includes the plural and the plural includes the singular unless the text clearly
indicates to the contrary.
POLICE INCIDENT
An occurrence or incident suggesting or requiring police action or service by members.
POLICE VEHICLE
All vehicles under the control of the Department, whether marked or unmarked, with or
without radio equipment.

POLICY
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A statement of department principles that provides the basis for the development of
procedures and directives.
PROBATIONARY POLICE OFFICER
Any member of the Police Department serving a satisfactory police apprenticeship prior to
permanent appointment to Police Officer as prescribed by the New Jersey Department of
Personnel and the New Jersey Police Training Commission.
PROBATIONARY PERIOD
Each member shall be required to serve a probationary period prior to permanent
appointment to the Department. The length of this time shall be one year from Academy
graduation or such period of time set forth by the New Jersey Department of Personnel and
the Police Training Commission.
PROCEDURE
A written statement providing specific direction for performing department activities.
Procedures are implemented through policies and directives.
RULES AND REGULATIONS
Departmental legislation consisting of detailed directives binding upon members and
employees of all ranks in terms of authority, responsibility and conduct.
SECTION/SQUAD
A functional unit subordinate to a Bureau or under the immediate direction of the Chief of
Police. It may be commanded by any rank, depending on its size and the nature and
importance of its function.
SENIOR OFFICER
A member in any given rank with the longer service in that rank. Seniority in the Department
is established first by rank and secondly by time served in rank. Where conflict occurs
because of identical service in rank or dates of appointment, the member with the higher
position on the recommendation list from which the appointments were made is deemed to be
the senior. In situations requiring decision 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.
SERGEANT
Sergeant of Police of the Department.
SHALL/WILL
Indicates that the action required is mandatory.
SHIFT
A tour of duty defined by the hours worked.
SHIFT COMMANDER
A supervisory officer of a shift.
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SICK LEAVE
The period of time during which an officer is excused from active duty by reason of illness or
injury by the Commanding Officer or Officers in Charge in absence of the Commanding
Officer.
SPECIAL DUTY
Police service, the nature of which requires that the member be reassigned from the
performance of his regular duties to perform other duties as required from time to time by the
Chief of Police.
SPECIAL ORDERS
Written directives issued at the Departmental level by the Chief of Police or Division level by
either the Chief of Police or a Commanding Officer. Special orders specify instructions
governing particular situations. Special orders are automatically canceled when their
objectives are achieved. Division special orders are effective only within the Division in which
they are issued. A copy of all Division special orders shall be forwarded to the office of the
Chief of Police.
STAFF SUPERVISION
An advisory relationship, outside the regular hierarchy of command and responsibility in which
a supervisor may review the work of another employee who is responsible to another superior
officer.
SUBORDINATE
A member lower in rank than his superior officer.
SUBVERSIVE ORGANIZATION
That which seeks to overthrow or undermine a government or other existing institution by
unlawful means.
SUPERIOR OFFICER
A person holding a higher supervisory or command rank or position.
SUPERVISORY OFFICER
Member of the Department assigned to a position requiring exercise of immediate supervision
over the activities of members and employees.
SUSPENSION
Suspension is the act of temporarily denying a member the privilege of performing his duties,
and relieving him from the duty with or without pay for a period of time, in consequence of
alleged dereliction or violation of Department regulations.
TENSE OF WORDS
The words used in the present tense include the future unless the clear text indicates to the
contrary.
TOUR OF DUTY
The shift, defined by time, during which an individual member is on duty.
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TRAINING BULLETIN
Bulletins published and designed to keep officers of this Department abreast of current police
techniques and procedures. The bulletins and their presentation act as a continuous training
program and as a stimulus for further study. The information contained therein constitutes
official Departmental policy on the subject matter under consideration in the absence of other
instructions to the contrary.
UNIT
Any number of members and/or employees of the Department regularly grouped together
under one head to accomplish a police purpose.
ZONES/POST
A geographical area administratively designated for purposes of investigation, supervision or
patrol.

Page 15 of 91

ARTICLE III

TABLE OF ORGANIZATION
CHAIN OF COMMAND

CHIEF OF POLICE
CAPTAIN
LIEUTENANT
SERGEANT
POLICE OFFICER

The above shall be in accordance with Ordinance No. 1881-2001. An ordinance amending
Chapter 33 of the code of the Borough of Fair Lawn 2000 entitled “Police Department”,
specifically Section 33-2.

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ARTICLE IV
COMMAND AND SUPERVISORY
RESPONSIBILITIES AND AUTHORITY
All command and supervisory personnel shall be responsible and accountable for all
provisions outlined in the Department's policy manual, as it may pertain to their specific job
assignment.
A.

CHIEF OF POLICE
1.

Authority - The Chief of Police is the chief executive officer of the
Department and the final Departmental authority in all matters of policy,
operations, and discipline. He exercises all lawful powers of his office and
issues such lawful orders as are necessary to assure the effective
performance of the Department.

2.

Responsibilities - The Chief of Police shall perform administrative and
technical police work in the direction of all personnel and activities of the
Police Department. He has the chief administrative responsibility for the
protection of lives and property in The Borough of Fair Lawn through the
supervision of all police functions.

3.

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

Plan, organize, direct and supervise the personnel and activities
concerned with police protection.

b.

Confer with The Borough of Fair Lawn officials in determining plans
and policies to be observed in the conduct of the Department.

c.

Formulate Departmental policies, regulations, goals, and program
priorities in consultation with municipal officials and with the
assistance of subordinate officers.

d.

Formulate and prescribe work methods and procedures to be
followed by members of the Department. Appraise conditions of
work in the Department and take necessary steps to improve police
operations.

e.

Plan and supervise the enforcement of traffic and safety regulations
and programs of crime prevention and detection.

Page 17 of 91

f.

Direct and supervise the expenditure of annual appropriations.
Prepare annual budget estimates and budget requests.

g.

Plan, direct and conduct in-service training programs.

h.

Cooperate with other local, state and federal officers in the
apprehension and detention of wanted persons with other agencies
where activities of the police department are involved.

i.

Direct, coordinate, and personally participate when required by
circumstances, in any and all activities of the Department.

j.

Participate in the hiring process of prospective personnel and
evaluate qualified applicants based on pre-employment testing.

k.

Plan and implement an objective employee evaluation program and
make recommendations regarding promotions, demotion and
disciplinary action.

l.

Attend meetings and training sessions to keep abreast of the latest
developments in police protection and crime prevention, and to
coordinate and expand training programs, and for the exchange of
ideas.

m.

Direct Department public information program; address public groups
in promoting public understanding of its work.

n.

Prepare plans and specifications for needed equipment and supplies.

o.

Prepare a variety of periodic and special reports on crime prevention
and police protection.

p.

Formulate report forms and effectuates maintenance procedures for
records and files.

q.

Implement rules of conduct for the Department and implement
policies and procedures for the Department and The Borough of Fair
Lawn.

r.

Implement rules and regulations of The Borough of Fair Lawn,
County, State and Federal Government as they relate to the Police
Department of The Borough of Fair Lawn.

s.

Perform related work as required.

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t.

Maintain a thorough knowledge of the principles of management and
supervision; of the administration of a local enforcement agency
including record keeping, preparation of reports, personnel
procedures and budget preparation.

u.

Maintain a thorough knowledge of the principles, practices and
techniques of current police administration and police methods.

v.

Maintain a thorough knowledge of the standards by which the quality
of police service is evaluated and of the use of police records and
their application to police administration and future planning.

w.

Maintain a thorough knowledge of the types and uses of
communication, electronic devices, firearms, and automotive
equipment used in modern police work.

x.

Maintain a thorough knowledge of the functions of federal, state and
local jurisdictions and authorities as they relate to police work.

y.

Maintain a thorough knowledge of current literature, research, and
development in the field of crime prevention and police administration
and protection.

z.

Maintain a thorough knowledge of general municipal operations and
organization of laws, rules and regulations governing the operation of
the Department and their application to specific situations.

aa.

Maintain a thorough knowledge of the preparation of detailed
records, reports and files and a thorough knowledge of systems for
maintaining a detailed record-keeping system.

bb.

Maintain a thorough knowledge of the administrative methods and
techniques as they pertain to police operations and personnel.

cc.

Shall read, write, speak, understand and communicate in English
sufficiently to perform the duties of the position.

dd.

Shall plan, lay out, and supervise the work of subordinates
performing varied operations concerned with police activities and to
develop proper training and instructional procedures for
subordinates, and to maintain a high level of discipline and morale.

ee.

Shall prepare and present effective oral and written informative
material relating to the activities of the Department.
Shall prepare plans and specifications for Department equipment and
supplies.

ff.

gg.

Shall analyze and interpret laws, ordinances, rules, regulations,
Page 19 of 91

standards and procedures and apply them to specific situations.

B.

hh.

Shall remain decisive and alert in emergency situations.

ii.

Shall maintain effective working relationships with officials,
department heads, employees and the public, and be able to
communicate effectively and tactfully, and in a professional manner
with officials, department heads, employees and the public.

jj.

Shall provide the governing body with the necessary information and
background material on those matters requiring their attention.

kk.

Shall provide effective leadership for and maintain harmonious
relationships in the Department.

4.

Education - The Chief of Police shall have graduated from high school or
possess an approved high school equivalent certificate, supplemented by
the completion of approved course work in police administration, police
science, or related fields.

5.

License - The Chief of Police will be required to maintain and possess a
driver's license valid in the State of New Jersey.

6.

Experience - The Chief of Police shall have a minimum of five years
experience as a PTC certified police officer.

POLICE CAPTAIN
1.

Authority - Under the supervision of the Chief of Police has the subordinate
responsibility of directing the work of a Division, either uniformed and nonuniformed, for the Department in accordance with the rules, regulations and
procedures of the Department. Provides for the continuity of the operation
of the Department in the absence of the Chief of Police.

2.

Responsibility
a.

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

b.

Provides sufficient supervision and training to ensure that the work of
the Division is performed efficiently and according to established
rules and regulations.

c.

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

d.

Formulates effective work assignments for Division personnel and
Page 20 of 91

oversees their work performance to ensure that all ranks of his
command are properly and effectively performing assigned work.
Recommends or institutes changes as necessary.
e.

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

f.

Plans and directs special traffic details, and coordinates special
events.

g.

Plans and implements schedules for the Division and schedules
training programs in order to achieve Department objectives.
Maintains personnel records for the Department.

h.

Evaluates the work performance of the Division and makes
recommendations for promotions, demotions, and disciplinary action.

I.

Participates in the hiring process of prospective Department
personnel.

j.

Prepares detailed, clear and informative correspondence and reports.

k.

Effectuates the maintenance of quarters, controls the use of
equipment and supplies and material assigned to the Department.
Ensures that all personnel are provided with necessary uniforms,
equipment and supplies.

l.

Oversees all investigations within his assigned Division.

m.

Maintains and ensures proper disposition of evidence.

n.

Formulates and effectuates the investigation of crimes within the
jurisdiction of the Department.

o.

Formulates written instructions and procedures and special
instructions for non-routine or complex assignments or to clarify
published guidelines.

p.

Effectuates the accurate preparation and maintenance of needed
records and files.

q.

Performs related work as required.

r.

Maintains a thorough knowledge of the principles, practices and
techniques of current police methods and procedures.

Page 21 of 91

s.

Maintains a thorough knowledge of the types and uses of
communication, electronic devices, firearms and automotive
equipment used in modern police work.

t.

Maintains a thorough knowledge of the functions of federal, state and
local jurisdictions and authorities as they relate to police work.

u.

Maintains a thorough knowledge of the geography of the municipality
and of criminal hazard locations, important buildings, traffic routes,
and of the sociological characteristics of the area.

v.

Maintains a thorough knowledge of modern police administration and
investigative methods and procedures.

w.

Maintains a thorough knowledge of the purposes of police records,
including their use as instruments of planning and research.

x.

Maintains a thorough knowledge of the maintenance of involved and
detailed records, reports and files and considerable knowledge of
systems for maintaining a complex record-keeping system.

y.

Maintains considerable knowledge of the principles of management
and supervision; of the administration of a local enforcement agency
including record keeping, preparation of reports, and personnel
procedures.

z.

Shall read, write, speak, understand and communicate in English
sufficiently to perform the duties of the positions.
Shall prepare clear and comprehensive written reports and to instruct
subordinates in the preparation of reports.

aa.
bb.

Shall analyze situations rapidly and objectively and to adopt quick,
effective and reasonable courses of action with due regard to
surrounding hazards and circumstances.

cc.

Shall supervise the work of subordinates performing varied
operations concerned with police activities.

dd.

Shall present effective oral and written informative material relating to
the activities of the Department.

ee.

Shall analyze and interpret laws, ordinances, rules, regulations,
standards and procedures and apply them to specific situations.

ff.

Shall maintain effective working relationships with officials,
department heads, employees and the public, and is able to
communicate effectively and tactfully, and in a professional manner
with officials, department heads, employees and the public.
Page 22 of 91

C.

gg.

Shall enforce the law with firmness, tact, and impartiality.

hh.

Shall assist and advise the Chief of Police in all matters relating to
the department

3.

Education - The Captain shall have graduated from high school or possess
an approved high school equivalent certificate, supplemented by the
completion of approved course work in police administration, police science,
or related fields.

4.

License - The Captain will be required to maintain and possess a driver's
license valid in the State of New Jersey.

5.

Experience - The Captain shall have a minimum of three years experience
as a PTC certified police officer.

POLICE LIEUTENANT
1.

Authority - Under the supervision of the Chief of Police has the subordinate
responsibility for directing the work of a platoon on an assigned shift, either
uniformed and/or non-uniformed, of the Department in accordance with the
rules, regulations and procedures of the Department.

2.

Responsibility.
a.

Directs, assists in the direction of, or participates in patrol,
investigation and traffic regulatory activities in the field and service
activities at headquarters during an assigned shift.

b.

Inspects Department personnel for appearance.

c.

Patrols the municipality observing, supervising and instructing
subordinate officers.

d.

Responds to major police, fire and accident calls and assists and
instructs subordinate officers in investigations and other unusual
situations.

e.

Ensures that personnel and equipment are dispatched to the scene
of emergencies in adequate numbers and that dispatching
procedures are adhered to.

f.

Either on a scheduled or rotating basis, may have the responsibility
for assuring the accuracy of motor vehicle reports, the maintenance
and repair of police vehicles, incoming and outgoing warrants and
firearms applications. The training officer is responsible for
scheduling and implementing all Departmental training which is
Page 23 of 91

mandated by state law or Department policy.
g.

Prepares statistical reports, maintains logs and a variety of records
and reports. Ensures that all records and reports of police activity on
the shift are properly executed and routed.

h.

Keeps records and prepares work reports.

I.

Performs related work as required.

j.

Maintains a thorough knowledge of the geography of The Borough of
Fair Lawn, important buildings, traffic arterial, and of the sociological
characteristics of the area.

k.

Maintains a thorough knowledge of the federal, state and local laws
and the rules and regulations of the Department.

l.

Maintains a thorough knowledge of the purposes and use of police
records, including their use as instruments of planning and research.
Maintains a thorough knowledge of recent developments, current
literature, and sources of information regarding police methods and
techniques, particularly as related to patrol, investigation, and record
systems.

m.

n.

Maintains a thorough knowledge of Breathalyzer instruments and
must be certified by the New Jersey State Police.

o.

Shall read, write, speak, understand and communicate in English
sufficiently to perform the duties of the position.

p.

Shall prepare clear and comprehensive written reports and to instruct
subordinates in the preparation of reports.

q.

Shall supervise the activities of a platoon on an assigned shift.

r.

Shall analyze situations rapidly and objectively and to adopt quick,
effective and reasonable courses of action with due regard to
surrounding hazards and circumstances.

s.

Shall enforce the law with firmness, tact, and impartiality.

t.

Shall present effective oral and written informative material relating to
the activities of the platoon.

u.

Shall maintain effective working relationships with officials,
department heads, employees and the public, and the ability to
communicate effectively and tactfully, and in a professional manner
with officials, department heads, employees and the public.
Page 24 of 91

D.

3.

Education - The Lieutenant shall have graduated from high school,
vocational high school, or possess an approved high school equivalent
certificate.

4.

License - The Lieutenant will be required to maintain and possess a driver's
license valid in the State of New Jersey.

5.

Experience - The Borough of Fair Lawn prefers that the Lieutenant have a
minimum of three years experience as a PTC certified police officer.

POLICE SERGEANT
1.

Authority - Under the supervision of the Chief of Police, provides for
continuity and supervision of an assigned squad in the absence of the
Lieutenant in the operation of the Department.

2.

Responsibility
a.

Performs many of the duties of a Police Lieutenant, either in the
absence of the Lieutenant, or in the capacity of an assistant.
Performs the duties of a patrol officer.

b.

Inspects Personnel

c.

Maintains a thorough knowledge of the responsibilities of the
Lieutenant.

d.

Maintains a thorough knowledge of the geography of The Borough of
Fair Lawn, important buildings, traffic arterial, and of the sociological
characteristics of the area.

e.

Maintains a thorough knowledge of federal, state and local laws and
the rules and regulations of the Department.

f.

Maintains a thorough knowledge of modern police administration and
investigative methods and procedures.

g.

Maintains a thorough knowledge of the basic principles of police
methods and operations.

h.

Maintains a thorough knowledge of the purposes and use of police
records.

i.

Is able to read, write, speak, understand and communicate in English
sufficiently to perform the duties of the position.

j.

Is able to analyze situations rapidly and objectively and to determine
Page 25 of 91

the proper course of action.

E.

k.

Is able to cope with situations firmly, courteously, tactfully, and with
respect for the rights of others.

l.

Is able to learn modern police procedures and techniques, basic firstaid, principles of investigation and interrogation, and applicable laws
and ordinances.

m.

Is able to understand and carry out oral and written instructions.

n.

Is able to express oneself clearly and concisely, orally, and in writing.

o.

Is able to maintain effective working relationships with officials,
department heads, employees and the public, and the ability to
communicate effectively and tactfully, and in a professional manner
with officials, department heads, employees and the public.

3.

Education - The Sergeant shall have graduated from high school or possess
an approved high school equivalent certificate.

4.

License - The Sergeant will be required to maintain and possess a driver's
license valid in the State of New Jersey.

5.

Experience - The Borough of Fair Lawn prefers that the Sergeant have a
minimum of three years experience as a PTC certified police officer.

COMMANDING OFFICERS - AUTHORITY AND RESPONSIBILITIES
Subject to direction from higher command, a Commanding Officer has direct control
over all members and employees within his command. In addition to the general
and individual responsibilities of all members and employees and supervisory
officers, a Commanding Officer is responsible for the following:
1.

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

2.

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

3.

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

4.

Interdivisional Action - The promotion of harmony and cooperation with
other units of the Department. Initiation of proper action in cases not
Page 26 of 91

regularly assigned to his command when necessary, where delay to inform
the proper unit might result in a failure to perform a police duty.

F.

5.

Organization and Assignment - Proper organization and assignment of
duties within his unit to assure proper performance of Departmental
functions and those of his command.

6.

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

SHIFT
SUPERVISOR/OFFICER-IN-CHARGE
RESPONSIBILITIES

-

AUTHORITY

AND

The shift supervisor, during his tour of duty, exercises the same authority and has
the same responsibilities as his commanding officer, subject to higher authority. In
the absence of the shift supervisor, the senior available member of the shift is in
charge unless otherwise provided. In addition to the general and individual
responsibilities of all members and employees, the shift supervisor is specifically
responsible for the following:
1.

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

2.

Roll Call - Cause to be conducted prescribed roll calls, communication of all
orders or other information at roll call and inspection and correction of his
command as necessary.

3.

Reporting - Reporting as required by a commanding officer.

4.

Personnel Complaints - Inquire into personnel complaints against members
and employees under his command in accordance with the provisions of his
manual, General Orders, Standard Operating Procedures and the Attorney
General Guidelines.

5.

Supervision - A supervisory officer may be assigned to field or office duties.
During his tour of duty he must closely supervise the activities of his
subordinates, making corrections where necessary and commending where
appropriate.

6.

Leadership - Effective supervision demands leadership. Provision of
leadership shall include on-the-job training as needed for efficient operation
and coordination of effort when more than one member or employee is
involved.

Page 27 of 91

7.

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

8.

Enforcement of Rules, etc. - Supervisory officers must enforce Departmental
rules and regulations and insure compliance with Departmental policies and
procedures.

9.

Inspection - Supervisory officers are responsible for inspection of activities,
personnel and equipment under their supervision and initiation of suitable
action in the event of a failure, error, violation, misconduct, or neglect of duty
by a subordinate.

10.

Assisting Subordinates - A supervisory officer shall have a working
knowledge of the duties and responsibilities of his subordinates. He shall
observe contacts made with the public by his subordinates and be available
for assistance or instruction as may be required. A field supervisory officer
shall respond to calls of serious emergencies, felonies in progress, assaults
and others, unless actively engaged in a police incident. He should observe
the conduct of the assigned personnel and take active charge when
necessary.

Page 28 of 91

ARTICLE V
RESPONSIBILITIES AND DUTIES OF DETECTIVES,
POLICE OFFICERS, & CIVILIAN EMPLOYEES
All detectives, police officers and civilian employees personnel shall be responsible and
accountable for all provisions outlined in the Department's policy manual, as it may pertain to
their specific job assignment.
A.

DETECTIVE/PLAINCLOTHESMAN
1.

Under the supervision of the Chief of Police performs all major investigative
activities of the Department.

2.

Performs follow-up investigations of serious and vice crimes.

3.

Conducts thorough investigations, gathers and preserves evidence, makes
arrests, and testifies in court.

4.

Seeks and develops sources of information. Ascertains information
necessary for the arrest of persons alleged to have committed a crime.

5.

Interrogates suspects and witnesses.

6.

Interviews principals and witnesses, taking written statements.

7.

Maintains surveillance over persons and places suspected of illegal
operations.

8.

Participates in the searching and booking of persons arrested.

9.

Prepares and maintains detailed, informative and accurate reports of daily
operations.
Prepares cases for prosecution by means of accurate and detailed recordkeeping.

10.
11.

Recovers stolen property for the purpose of evidence and, if appropriate,
return to its owner.

12.

Performs all identification functions.

13.

Processes juvenile offenders.

14.

Informs superiors of the progress of all investigations.

15.

Performs, as assigned, the duties of a patrol officer.
Page 29 of 91

B.

16.

Performs related work as required.

17.

Maintains a thorough knowledge of federal, state and local laws and the
rules and regulations of the Department.

18.

Maintains a thorough knowledge of modern police investigative and
interrogative methods and procedures.

19.

Maintains a thorough knowledge of the purposes and use of police records
including their use as instruments of planning and research.

20.

Maintains a thorough knowledge of information gathering techniques which
result in the arrest of persons suspected of committing a crime.

21.

Maintains a thorough knowledge of the geography of the Borough of Fair
Lawn, important buildings, and of the sociological characteristics of the area.

22.

Shall read, write, speak, understand and communicate in English
sufficiently to perform the duties of the position.

23.

Shall prepare clear and comprehensive written reports.

24.

Shall analyze situations rapidly and objectively and to adopt quick, effective
and reasonable courses of action with due regard to surrounding hazards
and circumstances.

25.

Shall enforce the law with firmness, tact, and impartiality.

26.

Education - The Detective shall have graduated from high school, vocational
high school, or possess an approved high school equivalent certificate and
must be certified by the Police Training Commission.

27.

License - The Detective will be required to maintain and possess a driver's
license valid in the State of New Jersey.

28.

Age - The Detective must be at least 18 years of age and must meet the
requirements of the New Jersey Pension System.

POLICE OFFICER
1.

Under the supervision of the Chief of Police performs law enforcement work
involving the protection of life and property through the enforcement of laws
and related preventive and investigative work.

2.

Patrols designated areas in a police vehicle, bicycle, on foot or any other
method, as directed, to preserve law and peace, to prevent and discover the
commission of crime, and to enforce traffic and parking regulations.
Page 30 of 91

2.

Provides assistance to the general public, calls for assistance, emergency
messages, assist the sick and infirm.

4.

Answers calls and complaints involving drunkenness, domestic disputes,
fires, thefts, accidents, and other misdemeanors and felonies.

5.

Conducts preliminary investigations, gathers evidence, makes arrests, and
testifies in court; serves court papers.

6.

Answers telephones receiving complaints, inquiries, and requests for police
assistance. Secures information as to the nature and location of offense or
accident.

7.

Searches for and collects evidence. Seeks and develops sources of
information. Ascertains information necessary for the arrest of persons
alleged to have committed a crime. Participates in the searching and
booking/processing of persons arrested. Prepares and types reports and
maintains records.

8.

Directs traffic. Operates radar equipment. Enforces municipal regulations.
Issues citations. Ensures operational effectiveness of a variety of police and
first-aid equipment.

9.

Conducts accident investigations, provides first-aid for the injured, and takes
safeguards to prevent further accidents. Interview principals and witnesses,
taking written statements. Examines vehicles and roadways, observing
traffic control devices and obstructions to view. Observes and reports all
required information concerning accidents.

10.

Investigates crimes. Searches for and preserves evidence. Interrogates
suspects and witnesses. Maintains surveillance over persons and places
suspected of illegal operations. Fingerprints prisoners and photographs
persons arrested for crimes.

11.

Serves, as assigned, as a police dispatcher when required to do so under
the prevailing collective bargaining agreement.

12.

Performs related work as required.

13.

Shall have successfully completed a designated N.J. Police Academy and
obtain certification by the Police Training Commission, in all mandated
courses.

14.

Shall read, write, speak, understand or communicate in English sufficiently
to perform the duties of the position.

15.

Shall analyze situations rapidly and objectively and to determine the proper
course of action.
Page 31 of 91

C.

16.

Shall cope with situations firmly, courteously, tactfully, and with respect for
the rights of others.

17.

Shall learn modern police procedures and techniques, basic first-aid,
principles of investigation and interrogation, and applicable laws and
ordinances.

18.

Shall understand and carry out oral and written instructions.

19.

Shall express oneself clearly and concisely, orally and in writing.

20.

Shall develop skill in the use and care of firearms.

21.

Education - The Police Officer shall have graduated from high school,
vocational high school, or possess an approved high school equivalent
certificate and must be certified by the Police Training Commission.

22.

License - The Police Officer will be required to maintain and possess a
driver's license valid in the State of New Jersey.

23.

Age - The Police Officer must be at least 18 years of age and must meet the
requirements of the New Jersey Pension System.

24.

Medical Examination - As a prerequisite to appointment, the Police Officer
may be required to pass a thorough medical examination (including drug
screening) and psychiatric examination to be administered by The Borough
of Fair Lawn. Any psychological, medical or physical condition or defect
which would prevent efficient performance of the duties of the position,
cause the appointee to be a hazard to himself/herself or others, or become
aggravated as a result of performance of these duties will be cause for
rejection. A complete physical examination may be required every two
years at the expense of The Borough of Fair Lawn. Failure to comply with
medical recommendations may be cause for dismissal. Persons with mental
or physical disabilities are eligible as long as they are able to perform the
essential functions of the position after reasonable accommodation is made
to their known limitations. If the accommodations cannot be made because
it would cause The Borough of Fair Lawn undue hardship, such persons
may not be eligible.

CIVILIAN EMPLOYEES
All civilian employees shall assist Department police officers in the accomplishment
of the police function.
1.

Civilian Employees Subject to Police Authority - Civilian employees shall be
subject to the authority of the Chief of Police and of the superior officer in
Page 32 of 91

charge of the Division or Bureau or office to which they are assigned.
2.

Civilian Employee Supervisors - Civilian employee supervisors are
employees who, by special designation by the Chief of Police, may
supervise other civilian employees..

3.

Employees Bound by Department Directives - All Departmental rules,
regulations, policies, procedures and orders shall bind all civilian employees
whenever applicable.

4.

Civilian Employee Responsibility - All civilian employees shall:
(a)

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

(b)

Exercise authority consistent with the obligations imposed by their
position and in conformance with the policies of the Department.
Be accountable and responsible to their supervisors for obeying all
lawful orders.

(c)
(d)

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

(e)

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

(f)

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

(g)

Perform all related work as required.

(1)

Shall maintain the utmost confidentiality of all police matters
consistent with these rules and regulations.

Page 33 of 91

ARTICLE VI
CODE OF ETHICS
Law enforcement is an honorable calling. Service in this field demands a
professional rather than an occupational philosophy. Personal honor, a desire for
professional status, and devotion to service above self, are the motives which
compel a police officer to discharge his responsibility in full measure.
A police officer's life is one of self-sacrificing service to a high ideal, based upon his
recognition of the responsibilities entrusted to him and the belief that law
enforcement is an honorable vocation. He fully accepts his responsibilities to
defend the right, to protect the weak, to aid the distressed, and to uphold the law in
public and private living. He accepts the obligation to report facts and to testify
without bias or display of emotion, and to consider all information coming to his
knowledge by virtue of his position as a sacred trust, to be used for official
purposes only. He gives his loyal and faithful attention to the identification and
apprehension of criminals, being equally alert to protect the innocent and prosecute
the guilty. He performs the functions of his office without fear, favor, or prejudice
and does not engage in unlawful or improper practices.
He does not disclose to unauthorized persons any information concerning pending
matters which might be prejudicial to the interests of the State, The Borough of Fair
Lawn, or the Department.
He does not seek to benefit personally by any confidential information which has
come to him by virtue of his assignment. He is respectful and courteous to all
citizens. He is faithful and loyal to his organization, constantly striving to cooperate
with and to promote better relations with all regularly constituted law enforcement
agencies and their respective in matters of mutual interest and obligation.
Rigid adherence to the principles set out above is mandatory for anyone accepting
a position in The Borough of Fair Lawn Department of Police. Acceptance of these
principles should not be perfunctory; it should be weighed carefully. Citizens are
quick to criticize any misconduct of members of the Department; the community
places a trust in police officers and expects them to so conduct themselves as to
merit this trust. Members should be proud to hold a position that demands so
much.
There must be a moral philosophy and strong appreciation of the need for service
in any profession. Unwavering adherence to such a moral philosophy will earn for
police officers the respect and support of the public.
Each member of the Borough of Fair Lawn Department of Police will be required to
conform to the Law Enforcement Code of Ethics, as contained herein.

Page 34 of 91

ARTICLE VII
PROFESSIONAL CONDUCT AND RESPONSIBILITIES

A.

1.

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

2.

Loyalty - Loyalty to the Department and to associates is an important factor
in Departmental morale and efficiency. Members and employees shall
maintain a loyalty to the Department and their associates provided same
does not interfere with the execution of their lawful responsibilities, the law
and personal ethics.

3.

Cooperation - Cooperation between the ranks and units 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.

4.

Assistance - All members are required to take appropriate police action
toward aiding a fellow police officer exposed to danger or in a situation
where danger might be impending.

GENERAL RESPONSIBILITIES
1.

Protect life and property.

2.

Preserve the peace.

3.

Prevent crime.

4.

Detect and arrest violators of the law.

5.

Enforce all State, and local laws and ordinances coming within the
Departmental jurisdiction.

6.

Safely and expeditiously regulate traffic.

7.

Aid citizens in matters within police jurisdiction.

8.

Take appropriate police action in aiding fellow officers as needed.

9.

Provide miscellaneous services.

10.

Exercise authority consistent with the obligations imposed by the oath of
office and in conformance with the policies of the Department.

11.

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

12.

Coordinate their efforts with other employees of the Department to achieve
Page 35 of 91

Department objectives.

B.

13.

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

14.

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

15.

Perform their duties promptly, faithfully, diligently.

16.

Perform all related work as required.

17.

Treat all individuals with respect and dignity consistent with the police
function undertaken.

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

Neglect of Duty - Members and employees shall not commit any act nor
shall they be guilty of any omission that constitutes neglect of duty.

2.

Insubordination - Members or employees shall not commit acts of
insubordination. The following specific acts are prohibited by this Section:
a.
Failure or deliberate refusal to obey a lawful order given by a superior
officer.
b.

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

3.

Questions Regarding Assignment - Members and employees in doubt as to
the nature or detail of their assignment shall seek such information from
their supervisors by going through the chain of command.

4.

Knowledge of Laws and Regulations - Every member is required to establish
and maintain a working knowledge of all laws and ordinances in force in the
Municipality , the rules and policies of the Department, and the orders of the
Department 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.

5.

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
Page 36 of 91

authority shall be performed promptly as directed, notwithstanding the
general assignment of duties and responsibilities.
6.

Action Off Duty - While off duty, police officers shall take appropriate action
as needed in any police matter that comes to their attention within their
jurisdiction as authorized by New Jersey Law and Department Policy.

7.

Obedience to Laws and Regulations - Members and employees shall obey
all laws, ordinances, rules, policies, and procedures and directives of the
Department.

8.

Establishing Elements of Violation - 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.

9.

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

10.

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 on duty and particularly in the
presence of other members, employees or the public, officers should be
referred to by rank.

11.

Criticism of Official Acts or Orders - Members and employees shall not
criticize the official actions, instructions, or orders of any Department
member in a manner which is defamatory, obscene, unlawful, or which
tends to impair the efficient operation of the Department.

12.

Manner of Issuing Orders - Orders from superior to subordinate shall be in
clear and understandable language, civil in tone, and issued in pursuit of
Departmental business.

13.

Unlawful Orders - No commander or supervisory officer shall knowingly
issue any order which is in violation of any law, ordinance or Departmental
policies and procedures.

14.

Obedience to Unlawful Orders - Obedience to an unlawful order is never a
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defense for an unlawful action. Therefore, no member or employee is
required to obey an order which is contrary to Federal or State law or local
ordinance. Responsibility for refusing to obey rests with the member. He
shall be strictly required to justify his action.
15.

Improper Orders - No supervisor shall knowingly issue any order which is in
violation of Department rule, policy or procedure.

16.

Obedience to Unjust or Improper Orders - Members or employees who are
given orders they feel to be unjust or contrary to policies and procedures,
must first obey the order to the best of their ability and then may proceed to
appeal as provided below.

17.

Conflicting Orders - Upon receipt of an order conflicting with any previous
order or instruction, the member or employee affected will advise the person
issuing the second order of this fact. Responsibility for countermanding the
original instruction then rests with the individual issuing the second order. If
so directed, the latter command shall be obeyed first. Orders will be
countermanded, or conflicting orders will be issued only when reasonably
necessary for the good of the Department.

18.

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

19.

Gifts, Gratuities, Fees, Rewards, Loans, Etc., Soliciting - Members and
employees shall not under any circumstances solicit any gift, gratuity, loan
or fee where there is any direct or indirect connection between solicitation
and their Departmental membership or employment.

20.

Acceptance of Gifts, Gratuities, Fees, Loans, Etc. - Members and
employees shall not accept either directly or indirectly any gift, gratuity, loan,
fee or any other thing of value arising from or offered because of police
employment or any activity connected with said employment. Members and
employees shall not accept any gift, gratuity, loan, fee or other thing of
value, the acceptance of which might tend to influence directly or indirectly
the actions of said member or employee or any other member or employee
in any matter of police business; or which might tend to cast an adverse
reflection on the Department or any member or employee thereof. No
member or employee of the Department shall receive any gift or gratuity
from other members or employees junior in rank without the express
permission of the Chief/Director of Police.

21.

Other Transactions - Every member and employee is prohibited from buying
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or selling anything of value from or to any complainant, suspect, witness,
defendant, prisoner, or other person involved in any case which has come to
his attention or which arose out of his Departmental employment, except as
may be specifically authorized by the Chief of Police.
22.

Rewards - Members and employees shall not accept any gift, gratuity or
reward in money or other consideration for services rendered in the line of
duty to the community or to any person, business or agency except lawful
salary and that which may be authorized by the law.

23.

Disposition of Unauthorized Gifts, Gratuities, Etc. - Any unauthorized gift,
gratuity, loan, fee, reward or other thing falling into any of these categories
coming into the possession of any member or employee shall be forwarded
to the office of the Chief of Police together with a written report explaining
the circumstances connected therewith.

24.

Free Admissions and Passes - Members and employees shall not solicit free
admission to theaters and other places of amusement for themselves or
others.

25.

Debts - Incurring and Payment
a.
b.

26.

No member or employee shall borrow any money or otherwise
become indebted to any other member or employee.
Members and employees shall not solicit other members or
employees to co-sign or endorse any promissory note or other loan.

c.

No member or employee shall offer to act as a co-signer or endorser
of any promissory note or other loan for another member or
employee.

d.

Paragraphs a-c do not apply to transactions among employees
related to each other nor shall they preclude a member or employee
from advancing money for the purchase of meals, event tickets, or
the like, where it is the intent of both parties that the advancement
shall be immediately re-paid.

e.

Members and employees shall promptly pay all just debts and legal
liabilities incurred by them.

Intercession - Soliciting - Members and employees shall not solicit anyone to
intercede with the Chief of Police, The Borough Manager Borough, Attorney,
Borough Prosecutor, Mayor, or any member of the governing body in
relation to hiring, promotions assignments, disposition of pending charges,
or findings in a Departmental trial or other related matter. They may not
advise or assist elected officials to change policy or to interfere with or
influence the actions of the Chief of Police. This shall not preclude,
however, a member's right to legal counsel or Union representation.
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C.

27.

Persons and Places of Bad Reputation -Members and employees shall not
frequent any location nor associate with any person where the members
position or the reputation of the Department may be compromised by such
frequence or association, except as may be required in the course of police
duty.

28.

Withholding Information - Members and employees shall not, at any time,
withhold any information concerning criminal activity.

GENERAL CONDUCT ON DUTY
1.

2.

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

Sleeping, loafing, idling

b.
c.

Recreational reading (except at meals)
Conducting private business

d.

Drinking intoxicating beverages (except in performance of a police
duty, and then only with the specific consent of a commanding
officer, and never in uniform).

e.

Illegal gambling, unless to further a police purpose.

Alcoholic Beverages and Drugs
a.

Members shall not report for duty under the influence of intoxicants.
This condition shall cause the member to be unfit for duty. Superior
officers shall not assign to duty any member in an unfit condition due
to the use of intoxicants and shall immediately relieve of duty and
service weapon any member found on duty in such condition. The
Superior Officer shall order the member to take a Breathalyzer test.
The Superior Officer shall immediately notify the Chief of Police and
submit a written report of the incident.

b.

Members or employees of the Department shall not drink any kind of
intoxicating beverage at any time while on duty or take any drugs not
duly prescribed and necessary for health.

c.

Members or employees of the Department shall refrain from drinking
intoxicating beverages for a reasonable period before going on duty.

d.

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

Members or employees of the Department shall not drink any kind of
intoxicating beverage while on duty. A member, while assigned to
duty in civilian clothes, may use intoxicants if absolutely necessary in
the performance of duty, provided such use does not render him unfit
for proper and efficient performance of duty.
Under no circumstances shall legally defined intoxication be
considered justifiable. Such use must be documented in writing,
detailing the reasons therefor and the amounts consumed.

f.

Intoxicating beverages shall not, at any time, be consumed in police
or other municipal buildings.

g.

Members or employees shall not have intoxicants on their person
while on duty or in uniform, or in any police building or vehicle, except
for evidential or other authorized purpose.

h.

Members in uniform shall not enter any premise where intoxicants
are sold or stored except in the performance of duty.

i.

No liquor license shall be held by any regular police officer, or by any
profit corporation or association in which any such person is
interested, directly or indirectly.

j.

No law or regulation promulgated by the Department of Alcoholic
Beverage Control, however, shall prohibit permanent full-time
members of the Department from being employed, other than in
Borough of Fair Lawn for which they serve as police officers, by a
business licensed to sell alcoholic beverages in this State.

k.

Police officers so employed shall not, while engaged in the selling,
serving, possessing or delivering of any alcoholic beverages: (1)
have in his possession any firearm, or; (2) wear or display any
uniform, badge or insignia which would identify him as a police
officer.

l.

No police officer so employed shall be permitted to work in excess of
twenty-four (24) hours per week in any such establishment.

3.

Loitering - All members on duty or in uniform shall not enter taverns,
theaters or other public places, except to perform a police task. Loitering
and unnecessary conversation in such locations is forbidden. Eating in a
licensed liquor establishment, although not forbidden, is discouraged.

4.

Military Courtesy - When meeting in public, officers shall conform to normal
military courtesy standards and refer to each other by rank.

5.

National Colors and Anthem - Uniformed members will render full military
honors to the National Colors and Anthem at appropriate times. Members
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and employees in civilian dress shall render proper civilian honors to the
National Colors and Anthem at appropriate times.
6.

Roll Call - Unless otherwise directed, members and employees shall report
to daily roll call at the time and place specified, properly uniformed and
equipped. They shall give careful attention to orders and instructions,
avoiding unnecessary talking or movement.

7.

Relief - All members and employees are to remain at their assignment and
on duty until properly relieved by another member or employee or until
dismissed by competent authority.

8.

Meals
a.

Members, while on lunch/meal breaks, must have their portable
radios "ON" to monitor the activities of the shift and to ensure
immediate radio contact, if necessary.

b.

Members will be permitted to suspend patrol, subject to immediate
call at all times, for the purpose of having one meal during their shift,
but only such period of time shall be allowed therefore as is
reasonably necessary, and not to exceed thirty (30) minutes. The
member shall arrange to suspend patrol only at such time as it will
cause the least interference with his regular duties.

c.

Members are to arrange to take meals and coffee breaks at times
during the shift so not more than one (1) unit is at any one (1)
location at the same time, unless approved by the Shift Commander.

9.

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

10.

Absence from Duty - Every member or employee who fails to appear for
duty at the date, time and place specified, or so doing without the consent of
a superior officer, is "absent without leave". Such absences within the
period of one day must be reported in writing to the Chief of Police.
Tardiness and Late Sick reports will not be considered as absent without
leave if reported within one hour of the time to report for duty.

11.

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

12.

Training - All members shall attend in-service training in the theory and
practice of law enforcement at the direction of the Director of Police. Such
attendance is considered a duty assignment.
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13.

14.

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. Overweight and obesity will be
considered to be poor physical condition and the employee’s duty to
correct..
Smoking While on Duty - Members and employees shall not smoke except
in authorized areas. Members and employees shall not use any tobacco
product on duty while in view of or direct contact with the public.

15.

Possession of Keys - No member, unless authorized by his shift supervisor,
shall possess keys to any premises not his own without prior approval of his
immediate supervisor.

16.

Address and Telephone Numbers - Members and employees shall record
their correct residence address and telephone number with the shift
supervisor and the office of the Chief of Police. Members and employees
are required to have telephones in the place where they reside. Changes in
address or telephone number shall be reported to the shift supervisor and
the office of the Chief of Police within 24 hours of the change. This shall be
done in writing within the specified time whether the member or employee is
working or on leave.

17.

Home Telephone Numbers - Police officers or employees shall not disclose
the home telephone number and address of any member of the Department.
This does not preclude any officer from giving out his or her own home
phone number.

18.

Personal Radios - The use of portable radios and any other form of
entertainment other than equipment authorized by the Department is
prohibited while on duty.

19.

Taking Medication on Duty - Members and employees of the Department
shall not take any medication which may diminish their alertness or impair
their senses prior to or after reporting for duty unless directed by a
physician.

20.

Notification after Medication - When members or employees are required to
take any prescription medication or any non-prescription medication which
may diminish their alertness or impair their senses, the member or
employee shall notify their supervisor as to the medication required, its
properties, the dosage and the period during which the member or
employee is required to take the medication. This notification shall be by the
prescribing physician. If the medication is a non-discrimination drug, the
member or the employee shall make this notification. The required
notification shall be made prior to the member or employee reporting for
duty. This information so provided shall be confidential.

21.

Supervisors' Responsibility - Supervisor's shall not assign to duty or allow to
remain on duty, any member or employee whose fitness for duty is
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questionable due to the use of alcohol or medication.
22.

D.

Driver's License - Employees operating Department motor vehicles shall
possess a valid New Jersey Driver's License. Whenever, a driver's license
is revoked, suspended, or lost, the employee shall immediately notify the
appropriate supervisor, giving full particulars.

UNIFORMS, EQUIPMENT AND APPEARANCE
All members of the Department shall maintain in good order a regulation uniform.
Members shall be neat appearing, clean shaven and well groomed while in uniform.
All articles of uniform shall conform to the Departmental uniform regulations.
Members shall not wear the uniform or any part off duty, except while traveling to
and from duty, without the permission of the Division Commander upon written
request.

E.

1.

Wearing the Uniform - Uniforms shall be kept neat, clean and well pressed
at all times. While wearing the uniform, members shall maintain a military
bearing, avoiding mannerisms such as slouching, shuffling and hands in the
pockets. The uniform hat shall be worn whenever engaged in an official
police matter, except during a life saving or life threatening situation, or other
emergent situations.

2.

Compliance - All personnel will comply with the provisions in the
Department's policies and procedures manual.

DEPARTMENT PROPERTY AND EQUIPMENT
Members and employees are responsible for the proper care of Department
property and equipment assigned to them. Damaged or lost property may subject
the responsible individual to reimbursement charges and appropriate disciplinary
action. Employees shall not use any Department property or equipment for
personal business or pleasure.
1.

Surrender of Department Property - Members and employees are required
to surrender all Department property in their possession upon separation
from the service. Failure to return non-expendable items may cause the
person to reimburse the Department for the fair market value of the
article(s). The Chief of Police shall withhold a final paycheck upon
separation until all Department property is surrendered. Any member or
employee under suspension will surrender their identification, firearm (if
applicable), and all other Department property to the appropriate Division
Commander pending disposition of the case, upon request of the Chief of
Police.

2.

Department Vehicles, Use - Members shall not use any Departmental
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vehicle without the permission of a shift supervisor. Departmental vehicles
shall never be used for personal business or pleasure.
3.

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

4.

Emergency Calls and Use of Red Light and Siren - Members driving any
Department vehicle, when responding to an emergency call, shall exercise
judgment and care with due regard to the safety of life and property. They
shall slow down at all street intersections to such degree that when crossing
same, they will have safe control of their cars, especially when crossing
street intersections where the traffic signal lights are against them or where
there are stop signs. They shall use the red light and sound the siren on
such calls and take utmost precaution.

5.

Care of Departmental Vehicles - A police officer assigned to drive any
Departmental vehicle is accountable for the proper care of such vehicle and
its equipment. He shall not leave such vehicle unattended, except when
necessary in the performance of police duty. It shall be the responsibility of
the driver to see that the vehicle is securely locked when it is necessary to
leave it unattended.

6.

Passengers - A driver shall only allow such persons as are necessary in the
proper performance of his duty to ride in a Departmental vehicle assigned to
him.

7.

Notification of Unserviceable Vehicles - A driver shall notify the shift
commander as soon as his vehicle becomes unserviceable, and it shall be
noted on his daily report.

8.

Responsibility for General Appearance and Maintenance - A driver shall be
responsible for the general appearance of the vehicle assigned to him and
insuring that the vehicle maintains a sufficient supply of ,
(a) gasoline,
(b) air in the tires, including the spare,
(c) report all needed repairs in accordance with department police.

9.
10.

Definition of "Driver" - Whenever the term "driver" is used in this section, all
the responsibilities placed upon the driver are to be equally shared by any
other officer assigned to the same vehicle at the same time.
Parking of Departmental Vehicles - It shall be the responsibility of any police
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officer operating a Departmental vehicle to see that it is properly parked off
the traveled portion of the highway at a crime scene, fire, etc., unless such
vehicle is being used to light the scene, create a road block, or under other
extenuating circumstances.
11.

Department Vehicles - Out of Service - Whenever two (2) police officers are
assigned to the same vehicle at the same time, such vehicle, if radio
equipped, shall not be out of service at any time, except in cases of police
necessity, or when a superior officer directs otherwise.

12.

Notification of Accidents Involving Departmental Vehicles - Whenever a
police officer shall be involved in any accident, or cause any damage, while
in charge of or using a motor vehicle owned by the Department, he shall as
soon as possible notify the officer in charge. It shall be the duty of the
officer in charge to cause an investigation to be made of same, and a written
report made to the Chief of Police.

13.

Notification of Off-Duty Borough Owned Motor Vehicle Accidents Whenever a police officer shall be involved in any accident, or cause any
damage, while in charge of or using an off duty motor vehicle, he shall as
soon as possible notify the officer in charge. It shall be the duty of the duty
officer to cause an investigation to be made of same, and a written report
made to the Chief of Police.

14.

Transporting Citizens - Citizens will be transported in Departmental vehicles
only when necessary to accomplish a police purpose which shall include for
the safety of others. Such transportation will be done in conformance with
Departmental policy or at the direction of the commanding officer, immediate
supervisor or communications center.

15.

Reporting Accidents - Accidents involving Borough of Fair Lawn property, if
found bearing evidence of damage which has not been reported, shall be
prima facie evidence that the last person using the property or vehicle was
responsible. Accidents involving Borough of Fair Lawn personnel, property
and equipment must be reported.

16.

Presumption of Responsibility - In the event that Borough of Fair Lawn
property is found bearing evidence of damage, it shall be incumbent upon
the discoverer to report same immediately. Failure to do so will result in
disciplinary action.

17.

Inspection - Departmental property and equipment is and remains the
property of the Department and is subject to entry and inspection without
notice.

18.

Liability - All Department property or equipment issued to or placed at the
disposal of any member of the Department shall be properly cared for,
maintained and secured by said member. In the event of any misuse or loss
of said property by any member, that member may be held liable to
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reimburse the Department for said damage or loss. This shall also include
transportation vehicles of any type.

F.

COMMUNICATIONS, CORRESPONDENCE
1.

G.

Restrictions. Members and employees shall not:
a.

Use Departmental letterheads for any non-departmental or private
correspondence.

b.

Send correspondence out of the Department over their signatures
without the general permission of the Chief of Police.

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. A member
receiving a communication from a subordinate directed to a higher
command shall endorse it indicating approval, disapproval or
acknowledgment.

3.

Department Address (Private Use of) - Members and employees shall not
use the Department as a mailing address for non-departmental or private
purposes. The Department address shall not be used on any motor vehicle
registration or operator's or chauffeur's license.

4.

Telephone - Departmental telephone equipment may not be used for the
transmission of non-departmental or private messages without the express
approval of a superior officer.

5.

Radio Discipline - All members of the Department operating the police radio
either from a mobile/portable unit or in the Communications Section shall
strictly observe regulations for such operations as set forth in Departmental
orders and by the Federal Communications Commission.

INVESTIGATIONS
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
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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.

2.

General Responsibilities of Members at 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:
a.

Notify headquarters of situation and location.

b.

Summon medical assistance and then administer first aid as required
to prevent further injury or loss of life.

c.

Arrest of violator(s).

d.

Secure the scene.

e.

Conduct a preliminary investigation.

3.

Responsibilities of Assigned Member at Crime Scene - The members
officially assigned to perform the preliminary or other investigation of an
alleged crime or other incident are responsible for the completion of the
preliminary or other investigation as directed. This shall include, but is not
necessarily limited to, the securing of statements and other information
which will aid in the successful completion of the investigation; locating,
collecting and preserving physical evidence material to the issue, and;
identifying, locating and apprehending the offender.

4.

Identification as Police Officer - Except when impractical or unfeasible, or
where the identity is obvious, officers shall identify themselves by displaying
the official badge or identification card before taking police action.

5.

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

6.

Statements to the Media
An officer shall not make nor participate in making any statement to the
media that relates to:
a.

The character, reputation, or prior criminal record (including arrests,
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indictments, or other charges of crime) of the accused.
b.

The possibility of a plea of guilty to the offense charged or to a lesser
offense.

c.

The existence or contents of any confession, admission, or statement
given by the accused or his refusal or failure to make a statement.

d.

The performance or results of any examinations or tests or the
refusal or failure of the accused to submit to examinations or tests.

e.

The identity, testimony, or credibility of a prospective witness.

f.

Any opinion as to the guilt or innocence of the accused, the evidence,
or the merits of the case.

THESE RULES DO NOT PRECLUDE AN OFFICER FROM ANNOUNCING:

7.

(1)

The name, age, residence, occupation, and family status of
the accused, except if a juvenile.

(2)

If the accused has not been apprehended, any information
necessary to aid in the apprehension or to warn the public of
any dangers the accused may present.

(3)

A request for assistance in obtaining evidence.

(4)

The identity of the victim of the crime unless a sexual assault
is involved or there is some other reason to protect the privacy
of a victim.

(5)

The fact, time and place of arrest, resistance, pursuit, and use
of weapons.

(6)

The identity of investigating and arresting officers or agencies
and the length of the investigation.

(7)

At the time of seizure, a description of the physical evidence
seized, other than a confession, admission or statement

(8)

The nature, substance, or text of the charge.

(9)

Quotation from or references to public records of the court in
the case.

(10)

The scheduling or result of any step in the judicial
proceedings.

(11)

The accused's denial of the charges against him.

Police Records and Information.

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8.

2.

a.

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

b.

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

c.

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

d.

No member or employee shall knowingly falsify any official report or
enter or cause to be entered any inaccurate, false, or improper
information on records of the Department.

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

Members and employees shall neither attempt to interrupt the legal
process, except where a manifest injustice might otherwise occur,
nor participate in or be concerned with any activity which might
interfere with the process of law.

b.

Members and employees shall not attempt to have any traffic
summons or notice to appear reduced or stricken from the calendar
except with proper written request through the members Division
Commander and the office of the Municipal Court.

c.

Any member or employee having knowledge of such action and
failing to inform his superior officer thereof shall be subject to
disciplinary action.

Attorney General’s Use of Force Guidelines
Issued April 1985
Revised June 2000

Preface
The provisions of this revised policy are a product of the collective efforts and judgment
of the New Jersey Use of Force Advisory Committee. Throughout the deliberation process,
each member of the committee worked conscientiously to reach a consensus in this area
of critical importance to law enforcement officers and the citizens of this state. The New
Jersey Use of Force Advisory Committee realized that the law alone could not achieve the
goal of properly guiding the use of force by the police. The letter of the law needed to be
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supplemented with clear policy guidance designed to prepare officers to react
appropriately when confronted with a use of force situation.
Policy
Sworn law enforcement officers have been granted the extraordinary authority to use
force when necessary to accomplish lawful ends. That authority is grounded in the
responsibility of every sworn law enforcement officer to comply with the laws of the State
of New Jersey regarding the use of force and to comply with the provisions of this policy.
Equally important is law enforcement’s obligation to prepare individual officers in the best
way possible to exercise that authority.
In situations where law enforcement officers are justified in using force, the utmost
restraint should be exercised. The use of force should never be considered routine. In
determining to use force, the law enforcement officer shall be guided by the principle that
the
degree of force employed in any situation should be only that reasonably necessary.
Law enforcement officers should exhaust all other reasonable means before resorting to
the use of force.
It is the policy of the State of New Jersey that law enforcement officers will use only that
force which is objectively reasonable and necessary.
This policy reinforces the responsibility of law enforcement officers to take those steps
possible to prevent or stop the illegal or inappropriate use of force by other officers.
Every
law
enforcement officer is
expected and required to
take appropriate action in
any
situation
where that officer is clearly
convinced that another
officer is using force in
violation of state
law. Law enforcement officers are obligated to report all situations in which force is used
illegally by anyone. This policy sends a clear message to law enforcement officers that
they share an obligation beyond the requirements of the law. Officers are encouraged to
do whatever they can to interrupt the flow of events before a fellow officer does something
illegal and before any official action is necessary. Law enforcement officers can serve
each other and the public by simply saying or doing the right thing to prevent a fellow
officer from resorting to force illegally or inappropriately.
Deciding whether to utilize force when authorized in the conduct of official
responsibilities is among the most critical decisions made by law enforcement officers. It is
a decision which can be irrevocable. It is a decision which must be made quickly and
under
difficult, often unpredictable and unique circumstances. Sound judgment and the
appropriate
exercise of discretion will always be the foundation of police officer decision making in the
broad range of possible use of force situations. It is not possible to entirely replace
judgment and discretion with detailed policy provisions. Nonetheless, this policy is
intended to provide the best guidance and direction possible to police officers throughout
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this state when called upon to confront and address the most difficult of situations. Law
enforcement officers whose actions are consistent with the law and the provisions of this
policy will be strongly supported by the law enforcement community in any subsequent
review of their conduct regarding the use of force.
Definitions
A. Constructive Authority
1. Constructive authority does not involve actual physical contact with the
subject, but involves the use of the law enforcement officer’s authority to
exert control over a subject.
2. Examples include verbal commands, gestures, warnings, and unholstering
a weapon.
3. Pointing a firearm at a subject is an element of constructive authority to be
used only in appropriate situations.
B. Physical Contact
1. Physical contact involves routine or procedural contact with a subject
necessary to effectively accomplish a legitimate law enforcement
objective.
2. Examples include guiding a subject into a police vehicle, holding the
subject’s arm while transporting, handcuffing a subject and maneuvering
or securing a subject for a frisk.
C. Physical Force
1. Physical force involves contact with a subject beyond that which is
generally utilized to effect an arrest or other law enforcement objective.
Physical force is employed when necessary to overcome a subject’s
physical resistance to the exertion of the law enforcement officer’s
authority, or to protect persons or property.
2. Examples include wrestling a resisting subject to the ground, using wrist
locks or arm locks, striking with the hands or feet, or other similar
methods of hand-to-hand confrontation.
D. Mechanical Force
1. Mechanical force involves the use of some device or substance, other
than
a firearm, to overcome a subject’s resistance to the exertion of the law
enforcement officer’s authority.
2. Examples include the use of a baton or other object, canine physical
contact with a subject, or chemical or natural agent spraying.
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E. Deadly Force
1. Deadly force is force which a law enforcement officer uses with the
purpose of causing, or which the officer knows to create a substantial risk
of causing, death or serious bodily harm.
2. Purposely firing a firearm in the direction of another person or at a vehicle,
building or structure in which another person is believed to be constitutes
deadly force.
3. A threat to cause death or serious bodily harm, by the production of a
weapon or otherwise, so long as the officer’s purpose is limited to creating
an apprehension that deadly force will be used if necessary, does not
constitute deadly force.
F. Reasonable Belief
1. Reasonable belief is an objective assessment based upon an evaluation
of
how a reasonable law enforcement officer with comparable training and
experience would react to, or draw inferences from, the facts and
circumstances confronting and known by the law enforcement officer at
the scene.
G. Imminent Danger
1. Imminent danger describes threatened actions or outcomes that may
occur
during an encounter absent action by the law enforcement officer. The
period of time involved is dependent on the circumstances and facts
evident in each situation and is not the same in all situations.
2. The threatened harm does not have to be instantaneous, for example,
imminent danger may be present even if a subject is not at that instant
pointing a weapon at the law enforcement officer, but is carrying a weapon
and running for cover.
H. Substantial Risk
1. Any discharge of a firearm entails some risk of an unintended outcome.
A substantial risk exists when a law enforcement officer disregards a
foreseeable likelihood that innocent persons will be endangered.
2. For example, firing a weapon into a confined space (room, vehicle, etc.)
occupied by innocent persons exposes those persons to a substantial risk of
harm.
I. Law Enforcement Officer
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1. Any person sworn to enforce the criminal laws of the State of New Jersey,
who is certified by the Police Training Commission, or is currently
employed by a public safety agency and is authorized to carry a firearm
under N.J.S.A. 2C:39-6.
I. Authorization and Limitations
A. Use of Force
1. A law enforcement officer may use physical force or mechanical force
when the officer reasonably believes it is immediately necessary at the
time:
a. to overcome resistance directed at the officer or others; or
b. to protect the officer, or a third party, from unlawful force; or
c. to protect property; or
d. to effect other lawful objectives, such as to make an arrest.

B. Use of Deadly Force
1. A law enforcement officer may use deadly force when the officer
reasonably believes such action is immediately necessary to protect the
officer or another person from imminent danger of death or serious bodily
harm.
2. A law enforcement officer may use deadly force to prevent the escape of a
fleeing suspect.
a. whom the officer has probable cause to believe has committed an
offense in which the suspect caused or attempted to cause death or
serious bodily harm; and
b. who will pose an imminent danger of death or serious bodily harm
should the escape succeed; and
c. when the use of deadly force presents no substantial risk of injury
to innocent persons.
3. If feasible, a law enforcement officer should identify himself/herself and
state his/her intention to shoot before using a firearm.
C. Restrictions On The Use of Deadly Force
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1. A law enforcement officer is under no obligation to retreat or desist when
resistance is encountered or threatened. However, a law enforcement
officer shall not resort to the use of deadly force if the officer reasonably
believes that an alternative to the use of deadly force will avert or
eliminate an imminent danger of death or serious bodily harm, and achieve
the law enforcement purpose at no increased risk to the officer or another
person.
2. A law enforcement officer shall not use deadly force to subdue persons
whose actions are only destructive to property.
3. Deadly force shall not be used against persons whose conduct is injurious
only to themselves.
4. Under current state statutes the discharge of any projectile from a firearm
is considered to be deadly force, including less lethal means such as bean
bag ammunition or rubber bullets. For that reason, these and similar less
lethal means of deadly force can only be used when an officer reasonably
believes such action is immediately necessary to protect the officer or
another person from imminent danger of death or serious bodily harm.
5. A law enforcement officer shall not discharge a weapon as a signal for
help or as a warning shot.
6. While any discharge of a firearm entails some risk, discharging a firearm
at or from a moving vehicle entails an even greater risk of death or serious
injury to innocent persons. The safety of innocent people is jeopardized
when a fleeing suspect is disabled and loses control of his or her vehicle.
There is also a substantial risk of harm to occupants of the suspect vehicle
who may not be involved, or involved to a lesser extent, in the actions
which necessitated the use of deadly force.
a. Due to this greater risk, and considering that firearms are not
generally effective in bringing moving vehicles to a rapid halt,
officers shall not fire from a moving vehicle, or at the driver or
occupant of a moving vehicle unless the officer reasonably
believes:
(1) there exists an imminent danger of death or serious bodily
harm to the officer or another person; and
(2) no other means are available at that time to avert or
eliminate the danger.
b. A law enforcement officer shall not fire a weapon solely to disable
moving vehicles.
D. Exhibiting a Firearm
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1. A law enforcement officer shall not unholster or exhibit a firearm except
under any of the following circumstances:
a. For maintenance of the firearm;
b. To secure the firearm;
c. During training exercises, practice or qualification with the
firearm;
d. When circumstances create a reasonable belief that it may be
necessary for the officer to use the firearm;
e. When circumstances create a reasonable belief that display of a
firearm as an element of constructive authority helps establish or
maintain control in a potentially dangerous situation in an effort to
discourage resistance and ensure officer safety.
II. Training Requirements
A. Every law enforcement agency is required to conduct and document semiannual
training for all officers on the lawful and appropriate use of force and deadly
force. This training must be designed to reflect current standards established by
statutory and case law, as well as statewide, county and individual agency policy.
It should include but not necessarily be limited to the use of force in general, the
use of physical and mechanical force, the use of deadly force, and the limitations
that govern the use of force and deadly force.
III. Use of Force Reports
A. In all instances when physical, mechanical or deadly force is used, each officer
who has employed such force shall complete.
1. Any reports made necessary by the nature of the underlying incident; and
2. Use of Force Report (Attachment A or agency required format)
IV. Notifications and Reporting
A. Immediate Notifications
1. County and municipal law enforcement agencies shall immediately notify
the county prosecutor when the use of physical, mechanical or deadly force
results in death or serious bodily injury, or when injury of any degree
results from the use of a firearm by a law enforcement officer.
2. County prosecutor’s offices shall immediately notify the Division of
Criminal Justice when a member of their agency uses physical, mechanical
or deadly force which results in death or serious bodily injury, or when
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injury of any degree results from the use of a firearm by agency personnel.
3. State law enforcement agencies shall immediately notify the Division of
Criminal Justice when the use of physical, mechanical or deadly force
results in death or serious bodily injury, or when injury of any degree
results from the use of a firearm by a law enforcement officer.
B. Reporting
1. County prosecutors shall within 24 hours report to the Division of
Criminal Justice all situations where the use of deadly force by a law
enforcement officer results in death or serious bodily injury, or in
situations where any injury results from the use of a firearm by a law
enforcement officer.
2. For all situations involving the use of physical, mechanical or deadly
force, county and municipal law enforcement agencies shall report at least
annually to the county prosecutor in a manner established by the
prosecutor.
3. For all situations involving the use of physical, mechanical or deadly
force, state law enforcement agencies shall report at least annually to the
Division of Criminal Justice in a manner established by the Director of the
Division of Criminal Justice.
I.

ARRESTS
1.

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

The arresting officer shall employ only such force and necessary
restraint to assure the safety of other persons, other police officers,
and himself.

b.

Every member shall refrain from using unnecessary force or violence
in making arrests and must not strike a prisoner or any other person,
except when necessary in self defense or to overcome actual
physical resistance in making an arrest. However, he must be firm,
resolute, and energetic, exercising the necessary means to perform
his duty properly.

c.

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

d.

The arresting officer is responsible for the security of the personal
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property in the possession of the arrested person or, under his
control, at the time of the arrest.

3.

J.

e.

Any person requiring transportation as a result of an arrest, or a
suspicious person, must be fully identified (if applicable, if not, treated
like a John Doe) and searched (if female, with good sound police
practice) before being placed in the back seat area of a Departmental
vehicle and transported. Upon completing the transportation, the
back seat area should be searched. This policy and procedure is not
to conflict with any other Departmental policy or procedure.

f.

For the handling of prisoners in Headquarters,

Assaults Against Police Officers - Police Officers shall arrest actors of
assaults, aggravated assaults, and criminal offenses directed against them.
The actors shall be charged accordingly. Whenever it is impossible to affect
the arrest at the time of the offense, the member shall make a complete
report of the incident to his shift supervisor. A warrant or complaint, which
may be issued as a result of filing such a report, should not ordinarily be
served by the aggrieved member.

DETENTIONS
1.

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

2.

Custody and Detention of Juveniles - The custody and detention of juveniles
shall be governed by the Code of Juvenile Justice, N.J.S.A. 2A:4A-31 et
seq. (L. 1988, c. 77).

3.

Transportation of Prisoners - Members transporting prisoners shall do so in
accordance with Department policy and procedure.

4.

Use of Derogatory Terms - Members or employees shall:

5.

a.

Neither speak disparagingly of any race or minority group nor refer to
them in insolent or insulting terms of speech, whether prisoners or
otherwise.

b.

Neither use uncomplimentary terms of speech when referring to any
prisoner or other person nor willfully antagonize any person with
whom the Officer comes in contact.

Reports and Bookings - No member or employee shall knowingly falsify any
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official report or enter or cause to be entered any inaccurate, false, or
improper information on records of the Department.
6.

Use of Force, Including Deadly Force, By Law Enforcement Officers Deadly force will be used only as a last resort and in complete compliance
with the New Jersey State Attorney General and prevailing court cases.

7.

Security of Departmental Business - Members and employees shall not
reveal police information outside the Department except 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 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.

8.

Assisting Criminals - Members and employees shall not communicate in any
manner, directly or indirectly, any information which might assist persons
guilty of criminal or quasi-criminal acts to escape arrest or punishment or
which may enable them to dispose of or secrete evidence of unlawful activity
or money, merchandise or property unlawfully obtained.

9.

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

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

b.

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

c.

Soliciting business for an attorney or bail bondsman is gross
misconduct.

10.

Acting as a 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.

11.

Assisting a Citizen in Arrest - When a citizen charges another with the
commission of a crime and insists that the person charged be taken into
custody, and the circumstances appear to warrant an arrest, a police officer
shall take the accused to Police Headquarters, and shall require the accuser
to accompany him as the complainant.
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K.

12.

The Citizen's Arrest - Prisoners arrested by citizens shall be processed and
detained in the usual manner.

13.

Officer-in-Charge's Responsibility - The superior Officer in Charge shall not
permit a person arrested by a citizen to be detained until and unless he, the
superior officer, has carefully considered the factors in the case and is
satisfied that a crime has been committed and that the person arrested has
committed it.

14.

Citizen as Arresting Person - Citizens making arrests shall be designated on
all forms as the arresting person and shall be instructed by a superior officer
or police officer where he is to make a sworn complaint, and when and
where to appear for the arraignment of the prisoner.

15.

Services of Detective Division - Where arrests are made by citizens, the
Officer-in-Charge shall use discretion as to whether such cases warrant the
services of Detectives. If so, a superior officer having responsibility shall be
immediately notified so that a citizen may be interviewed and an
investigation conducted, if necessary.

16.

Criminal Complaints by Members. Members who prefer a criminal complaint
against a person for injuries or damages incurred while off duty shall notify
the Chief of Police on the first work day.

FIREARMS - Department regulations concerning the care and use of firearms are
designed to protect the lives of police officers and the lives and property of the
public.
1.

Handling of Firearms - Police officers shall exercise caution and the utmost
care in handling firearms on and off duty.

2.

Official Police Firearm - The official police firearm shall be the firearm issued
to each police officer by the Department. Carrying any other firearm on duty
is prohibited, except on administrative or desk duty.

3.

Cleaning - All weapons shall be clean and in proper working order and will
be subject to inspection at all times. The Department will supply cleaning
equipment.

4.

Ammunition Inventory - The Range Master shall have the responsibility of all
Departmental ammunition and shall maintain a constant inventory of same,
as directed by the Chief of Police.

5.

Qualification - All officers shall qualify with department firearms as set forth
by the State of New Jersey and the Bergen County Prosecutor. All officers
must qualify with off duty firearms if the type, revolver vs semi-automatic is
different from the duty weapon.
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6.

Use of Force - Use of firearms and deadly force shall, at all times, be
subject to all rules set forth previously by Chapter 58 of the Criminal Justice
Code N.J.S.A. Title 2C:1-1 et seq. of New Jersey and rules or regulations
hereafter promulgated by the Chief of Police, Attorney General, Prosecutor,
and/or State Statutes.

7.

Discharge of Firearm: Report - (See Prosecutor's Policy also.)
It shall be the policy of the Borough of Fair Lawn Department of Police that
any member of the force who discharges any firearm or service weapon
shall, by the quickest means of communication available, notify the
appropriate police official, and promptly submit a written report to his
Commanding Officer, whether in performance of duty or accidentally, or
whether on or off duty, as well as during an authorized absence from duty.
This reporting requirement shall not apply to firearms routinely discharged in
the course of training.

8.

Non-regulation Firearm Prohibited - Police officers who carry and employ
firearms other than those that have been inspected and approved by the
Department’s Range Master, shall be subject to disciplinary action.

9.

Removing Firearm from Belt or Holster- A police officer shall not remove
the firearm from its holster except when he is required to do so. However,
when circumstances require, a police officer may unload his firearm before
storing it in a secure place, providing he observes all the safe practices
prescribed and taught by authorized Department firearms instructors for the
safe unloading of the weapon. The firearm must never be left unattended, at
any location.

10.

Carrying Firearm - On Duty - All repairs and adjustments to the official police
firearm shall be made only with the authorization of the Range Master in
charge of firearms training. Police officers shall not use unauthorized
molded grips, special type grips, nor pearl-handled grips. They shall not
make any change to the trigger pull mechanism or effect any other
unauthorized alteration or addition. Grip adapters may be used in special
cases, but only after the police officer first has obtained the approval of the
Departments
Range Master through the Chief of Police.

11.

Carrying Firearm - General - Police officers shall carry their official police
firearms or authorized off-duty firearms fully loaded and in a serviceable
operating condition. Police officers who are suspended or whose firearms
have been officially taken from them for other reasons shall not carry a
firearm under any circumstances.

12.

Care of Firearms Off Duty, Outside Home - If a police officer, when off duty
and outside his home, carries his Department-issued firearm or authorized
off-duty weapon, it shall be holstered on his person readily available for
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emergency use. To avoid an accidental discharge, a police officer shall not
carry his firearm in his waistband un-holstered, or in any of his pockets.
Police officers whose firearm has been officially removed from their use are
additionally prohibited from carrying off-duty firearms.

L.

13.

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

14.

Securing of Weapons - A member shall be solely responsible for storing his
Department-issued weapons or personally-owned weapons in his locker or
other police facility.

15.

Loss of the Firearm - Loss of the official police firearm through carelessness
or neglect shall be deemed a serious violation of Department regulations.

PUBLIC ACTIVITIES
1.

Publicity - Members and employees shall not seek personal publicity in the
course of their employment.

2.

Personal Preferment - No member or employee may seek the influence or
intervention of any person outside the Department for purposes of personal
preferment, advantage, transfer or advancement.

3.

Commercial Testimonials - Members and employees shall not permit their
names or photographs to be used to endorse any product or service which
is in any way connected with law enforcement without the permission of the
Chief of Police. They shall not, without the permission of the Chief of Police,
allow their names or photographs to be used in any commercial testimonial
which alludes to their position or employment with this Department.

4.

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.

5.

Conduct Toward the Public - Members and employees shall be courteous
and orderly in their dealing 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 courteous
manner. They shall attend to requests from the public quickly and
accurately, avoiding unnecessary referral to other parts of the Department or
other departments in the municipal government.

6.

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. All
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citizens are guaranteed equal protection under the law. Exhibiting partiality
for or against a person because of race, creed or influence will be
considered misconduct. Unwarranted interference in the private business of
others when not in the interests of justice is conduct unbecoming an officer.
7.

Disparaging Nationality, Race or Creed - Courtesy and civility toward the
public is required of all members of the Department. Members shall not use
words which humiliate, disparage, demean, degrade, ridicule, or insult a
person because of his/her gender, race, creed, color, national origin, sexual
orientation or ancestry.

8.

Caring for Lost, Helpless, Injured or Ill Persons - Members shall always be
alert to assist lost, helpless, injured or ill persons.

9.

Availability When on Duty - Members on duty shall not conceal themselves
except for some police purpose. They shall be immediately and readily
available to the public during duty hours.

10

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,
will be considered 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. The Radio Room will
be informed when leaving the air, and when returning to a duty status.

11.

Public Statements - Members of the Department shall not make public
statements concerning the work, plans, policies, or affairs of the Department
which may impair or disrupt the operation of the Department or which are
obscene, unlawful, or defamatory. All such requests will be channeled
through the Chief of Police or the Borough Manager.

12.

Subversive Organizations - No member or employee shall knowingly
become a member of or connected with a subversive organization, except
when necessary in the performance of duty, and then only under the
direction of the Chief of Police. Organizations in this category are identified
by State and Federal agencies and inquiry may be made through the
officers Division Commander if he/she has doubts regarding membership in
any organization.

13.

Affiliation with Certain Organizations Prohibited - Police officers shall not
join, nor shall they affiliate themselves with any organizations whose
constitution embraces provisions which might in any way exact prior
consideration and prevent the proper and efficient functioning of the
Department. This prohibition does not apply "to the active military or naval
service of the United States or of this state, in time of war or an emergency,
or for during any period of training, or pursuant to or in connection with the
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operation of any system of selective service." (Source: N.J.S.A. 38:23-4.)

M.

14.

Affiliation with Radical Groups - No police officer or civilian employee, except
in the discharge of police duties, shall knowingly associate with or have any
dealings with any person or organization which advocates or which is
instrumental in fostering hatred, prejudice, or oppression against any racial
or religious group, or political entity.

15.

Trade Unions - Organizations Affiliated with Trade Unions - No member or
employee shall affiliate himself with any labor union, or organization in any
way identified or associated with any trade association, trade federation, or
labor union, if said affiliation would constitute or could constitute a conflict of
interest. No association of police officers recognized by the Department
shall be affiliated in any way with any trade association. Members shall,
however, be permitted to have membership in any recognized police
organization.

POLITICAL ACTIVITIES
1.

Partisan Political Activities Prohibited - Police officers shall not actively
engage in partisan political campaigns and activities, while on duty or in the
performance thereof or in police uniform. Members and employees shall not
directly or indirectly use or attempt to use their official position to influence
the political activity of another person.

2.

Non-partisan Political Activities - Limitation - Police officers may engage in
non-partisan political activities, while off duty, except when such activities
will impair or harm the operation or discipline of the Department.

3.

Election to Public Office - Members and employees shall not be candidates
for or hold an office in elective public positions or political organizations
within or inclusive of the municipal jurisdiction in which they are employed
unless authorized to do so by the County Prosecutor.

4.

Soliciting Prohibited - Members of the Department shall not solicit
contributions for political purposes, nor shall they interfere with or use the
influence of their office for political reasons.

5.

Contributions - Members and employees may contribute funds or any other
thing of value to candidates for public office subject to the provision of law
governing such contributions.

6.

Polling Duties - Members and employees shall not engage in any polling
duties except in the performance of their official duties.

7.

Displaying of Political Material - Members and employees shall not display
any political material on any government property or on their person while on
duty or in uniform.
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N.

JUDICIAL AND INVESTIGATIVE ACTION, APPEARANCES AND TESTIFYING
1.

Court Appearances - Members and employees must attend court or quasijudicial hearings as required by a subpoena or appropriate notification.
Permission to omit this duty must be obtained from the prosecuting attorney
handling the case or other competent court official. When appearing in
court, on duty, either the official uniform or clothing conforming to standards
imposed on officers working in plain clothes shall be worn. Off Duty
Personnel are to attend court in uniform, or suit or sport jacket, dress shirt
and tie. Members shall present a neat and clean appearance, avoiding any
mannerism which might imply disrespect to the court.

2.

Testifying for the Defendant - Any member or employee subpoenaed to
testify for the defense in any trial or hearing, or against the Borough of Fair
Lawn in any hearing or trial shall notify the Division Commander upon
receipt of the subpoena. He shall also notify the Borough of Fair Lawn
Attorney.

3.

Duty of Member or Employee to Appear and Testify - It shall be the duty of
every member or employee to appear and testify upon matters directly
related to the conduct of his office, position or employment before any court,
grand jury, or the State Commission of Investigation. Any member or
employee failing or refusing to so appear and to so testify shall be subject to
removal from his office, position or employment. Members and employees
shall be advised of, and permitted to invoke all applicable constitutional and
statutory rights, including consultation with their designated representative or
attorney.

4.

Departmental Investigations - Testifying - Members and employees are
required to answer questions, file reports, or render material and relative
statements, in a Departmental investigation when such questions and
statements are directly related to job responsibilities..

5.

Truthfulness - Members and employees are required to be truthful at all
times whether under oath or not.

6.

Civil Action Interviews -Civil action interviews involving members or
employees which arise out of Departmental employment shall be conducted
according to Departmental directives.

7.

Civil Action, Court Appearances - 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 Departmental employment or if the
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member or employee is informed that he is a party to a civil action arising
out of Departmental employment, he shall immediately notify the his/her
Division Commander, who in turn shall notify the proper authorities and the
Chief of Police. In the event that a member or employee is requested to
testify by the Borough Attorney on behalf of the Borough it shall not be
necessary for the member or employee to be subpoenaed and shall appear
upon written notice. He shall also notify the Chief of Police of testimony he is
to give. Members and employees shall not enter into any financial
understanding for appearances as witnesses prior to any trial, except in
accordance with Department directives.
8.

Civil Depositions and Affidavits - Members and employees shall confer with
the Chief before giving a deposition or affidavit on a civil case involving
The Borough of Fair Lawn.

9.

Civil, Expert Witness - Members and employees shall not volunteer or agree
to testify as expert witnesses in civil actions without the prior written
approval of the County Prosecutor and the Chief of Police.

10.

Civil Cases - Members shall not serve civil process or assist in civil cases
unless the specific consent of the Chief of Police is obtained. No civil
subpoenas will be served within the Borough of Fair Lawn.

Page 66 of 91

ARTICLE VIII
DRUG ABUSE AND DRUG TESTING
A.

All law enforcement applicants who will be responsible for the enforcement of the
criminal laws of this State and who will be authorized to carry a firearm pursuant to
N.J.A.C. 2C:39-6 must submit to a urinalysis prior to appointment.

B.

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

C.

Subsequent to appointment, all officers will be subjected to unannounced drug
testing; drug testing as part of any regular or specifically ordered physical
examination, and; whenever there is individualized reasonable suspicion to believe
that an officer is unlawfully using drugs.

D.

A trainee who produces a positive test result indicating unlawful drug use or who
refuses to submit a urine sample will be dismissed from the training academy and
his law enforcement position.

E.

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

F.

All supervisors will be required to undergo in-service training in substance abuse.

Page 67 of 91

ARTICLE IX
ALCOHOL ABUSE AND ALCOHOL TESTING
A.

B.

GENERAL GUIDELINES
1.

Subsequent to appointment, all members will be subjected to alcohol testing
whenever there is individualized reasonable suspicion to believe a member
is ingesting alcohol while on duty, or is in any way impaired while on duty
due to alcohol consumption.

2.

Members who produce, for the first time, a positive test result indicating
alcohol consumption, will be subject to disciplinary action and/or may be
granted, upon request and at the sole discretion of Borough of Fair Lawn, an
unpaid medical leave of absence to obtain medical treatment for alcohol
abuse. The length of the unpaid leave of absence is at the sole discretion of
Borough Manager of the Borough of Fair Lawn. Members who produce a
second or subsequent test result indicating alcohol consumption will be
subject to disciplinary action, up to and including termination. (See
Appendix A) ADA Act.

3.

All supervisors will be required to undergo in-service training in alcohol
abuse detection.

GENERAL METHODS AND PROCEDURES FOR ALCOHOL TESTING
1.

The breathalyser will be the initial method for the screening of members for
alcohol content.

2.

Blood alcohol testing will be the primary method for verifying alcohol content.

3.

Established quality control and chain of custody procedures must be
maintained throughout the entire blood testing process, from sample
acquisition to delivery at the laboratory.

4.

All blood samples obtained from members will be delivered to a state
medical
facility or the State Police for analysis.

5.

Not withstanding the provisions for an immediate suspension for the health
and safety of others, no other adverse action will be taken against a member
until Borough of Fair Lawn designated physician/laboratory preliminary
analysis and subsequent confirmation have been reported to the Office of
the Borough Manager.

Page 68 of 91

C.

METHODS AND PROCEDURES FOR ALCOHOL TESTING FOR MEMBERS
1.

Applicability
The following methods and procedures apply when a member submits to
alcohol testing through blood samples for the purpose of determining alcohol
content in the blood. Members will be required to submit a blood sample
after having been given a Breathalyzer test based upon a Superior Officer's
reasonable individualized suspicion that the member has consumed alcohol
while on duty, or is in any way impaired while on duty due to alcohol
consumption, and has received a positive result from the Breathalyzer.

2.

Notification of Alcohol Testing
a.

Alcohol testing through blood testing will be conducted when a
member has received a positive test result from a Breathalyzer. Any
member who has reasonable suspicion to believe that a fellow
member has consumed alcohol while on duty, or is in any way
impaired while on duty do to alcohol consumption, must immediately
report that fact to the Chief of Police or his designee. Any member
who produces a confirmed positive test result for alcohol
consumption for the first time will be subject to disciplinary action/or
and may be granted, upon request, at the sole discretion of Borough
of Fair Lawn, an unpaid medical leave of absence to obtain medical
treatment for alcohol abuse. The length of the unpaid medical leave
of absence is at the sole discretion of Borough of Fair Lawn.
Members who produce a second or subsequent test result indicating
alcohol consumption will be subject to disciplinary action, up to and
including termination.

b.

Any member who refuses to provide a blood sample upon a lawful
request made upon individualized reasonable suspicion will also be
dismissed.

3.

Laboratory Method -The Borough of Fair Lawn shall send all samples to be
analyzed to either a approved medical hospital, or the State Police.

4.

Preliminary Acquisition Procedures
a.

Before a member is ordered to submit to a blood alcohol test, the
Department shall prepare a confidential report which documents the
basis for reasonable suspicion. The Chief of Police or his/her
designee, whose approval is necessary to order the blood alcohol
test shall base his decision on the contents of this confidential report.

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b.

5.

Prior to the submission of a blood sample, the employee may
complete a medical questionnaire which clearly describes all
medicines, both prescribed by a physician or available over the
counter (non-prescription), which he ingested during the prior 30
days.

Specimen Acquisition Procedure
a.

At the time that the blood sample is provided, the member will have
the option to submit two samples. Both samples will be acquired
according to the procedures outlined herein. One will be forwarded
to a medical facility, or State Police, for testing; the remaining
sample will be stored in the frozen state within the Department
according to Departmental procedures regarding chain of custody
and evidence storage. This sample will be made accessible to the
member or his attorney.

b.

The Department shall be responsible for acquiring blood samples
from members and shall designate an individual to serve as the
official monitor. The member may also choose to name another
witness to the sample acquisition.

c.

The official monitor shall be responsible for insuring that all related
forms have thoroughly and accurately completed by the member.

d.

Generally, the member will submit the blood sample in the presence
of the official monitor.

e.

Blood samples will be processed in accordance with accepted chain
of custody procedures, and every effort will be made to ensure that
the identity of the member being tested remains confidential.
Throughout the blood acquisition process, the sample will be
identified by use of the members social security number.

f.

The member/monitor will complete the information requested on any
related Department or laboratory forms and will put his social security
number, initials, and date on the specimen bottle label. After the
official monitor has inspected the information for accuracy, the
member will unseal the specimen bottle packet, and affix the label to
the bottle. The member will secure the cap of the specimen bottle
and will seal the sample by wrapping evidence tape around the
bottle, vertically up one side, across the cap, down the other side,
across the bottom and again up the first side, overlapping the tape to
make a complete circle around the bottle. The member will then put
his social security number, initials and date on the evidence tape and
surrender the specimen to the official monitor.

g.

After ascertaining that all forms have been completed accurately, the
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official monitor shall take possession of the sample. The sample
shall be placed in a controlled accessed refrigerated storage area
until it is delivered to a medical hospital, or State Police for testing..
This delivery shall occur within one laboratory working day of
acquisition.
6.

Alcohol Testing Results
The medical facility, or State Police, will notify the Chief of Police of the
result of the analysis immediately upon completion. The Chief of Police will
immediately notify the Borough Manager. The laboratory will report as
positive only those samples which have been confirmed to be positive for
the presence of alcohol. The laboratory will follow-up all immediate
notifications with written reports. The Department will notify the member of
the result of the analysis as soon as possible after notification by the
laboratory. The Department will provide a copy of the laboratory report to
the member if he requests it.

7.

Hearings
A member may be disciplined up to and including termination from
employment as a result of a positive test result for alcohol use or a refusal to
submit to a blood alcohol test in accordance with established procedures.

Page 71 of 91

ARTICLE X
SEXUAL HARASSMENT*
A.

B.

POLICY
1.

It is the policy and one of the highest priorities of this Department to provide
Equal Employment Opportunity to all members and employees and
applicants for employment without regard to race, color, religion, nation
origin, age, sex or sexual orientation. This policy applies to all terms and
conditions or employment including, but not limited to, hiring, placement,
promotion, termination, layoff, recall, transfer, leave of absence,
compensation and training.

2.

In furtherance of this policy, the Department expressly prohibits any form of
sexual harassment, which is a form of sexual discrimination. Improper
interference with the ability of members and employees to perform their
expected job duties will not be tolerated.

RESPONSIBILITY
It is the responsibility of each supervisor to create an atmosphere free from sexual
harassment and to communicate the Department's policy of non-discrimination to
all subordinates, to promptly investigate complaints and to take corrective action as
necessary. It is the responsibility of each member and employee to respect the
rights of co-workers.

* Appendix “A” consisting of the Borough’s harassment policy is incorporated herein

Page 72 of 91

ARTICLE XI
POLICE TRAINING
Police officers and the Borough of Fair Lawn Police Department are responsible for
conforming with the obligations of the Police Training Act (N.J.S.A. 52:17B-66 et seq.).
A.

INDIVIDUALS AFFECTED BY THE ACT
1.

Every individual appointed as a "police officer" by the appointing authority
comes within the provisions of the Act. The term "police officer" includes all
municipal police, county police, and county park police. The Act covers not
only individuals entering law enforcement for the first time, but also
individuals in the following categories:
a.

Former police officers who have terminated their service with a police
agency and subsequently seek re-employment with that agency.

b.

Police officers from one agency who are subsequently employed by a
different agency.

2.

The Act applies to appointments that will become permanent. Appointments
include, among others, officers employed under the Safe and Clean Streets
program and individuals appointed as police officers pending Civil Service
examinations. These classes of individuals come under the Act.

3.

Not covered by the Act are civilian heads of law enforcement units and
special police officers appointed under N.J.S.A. 40A:14-146.

Page 73 of 91

ARTICLE XII
DISCIPLINARY ACTIONS
A.

DEPARTMENTAL DISCIPLINE
1.

Disciplinary Action - Department members, regardless of rank, shall be
subject to disciplinary action, according to the nature of the offense, for
violating their oath and trust by committing an offense punishable under the
laws or statutes of the United States, the State of New Jersey or municipal
ordinances, or failure, either willfully or through negligence or incompetence,
to perform the duties of their rank or assignment; or for violation of any
general order or rules of the Department; or failure to obey any lawful
instruction, order or command of a superior officer. Disciplinary action in all
cases will be decided on the merits of each case and in conformity with
controlling State law.

2.

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

3.

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

Oral reprimand.

b.

Written reprimand.

c.

Suspension (with or without pay).

(1)

Fine (only if dictated for public safety reasons)

e.

Demotion.

f.

Dismissal from the service.

4.

Departmental Authority To Discipline - Except as otherwise provided in
N.J.S.A. 40A:14-147 to 151 inclusive or as amended and the Borough of
Fair Lawn Ordinances, the Department disciplinary authority and ability rests
with the Borough of Fair Lawn. With the exception of oral reprimands,
written reprimands and emergency suspensions, Department discipline must
be taken or approved by the Borough Manager.

5.

Discipline By Supervisory Personnel - Other supervisory personnel may take
the following disciplinary measures:
a.

Oral reprimand.
Page 74 of 91

b.

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

c.

Emergency suspension until the next business day.

d.

Written recommendations for other penalties.

6.

Emergency/Immediate Suspension - Members shall be suspended and not
suffer any loss of benefits until after the member has had a Departmental
hearing and has been found guilty, in cases of severe nature when the
Chief of Police deems a suspension of the member of immediate necessity
for the safety of the public or the welfare of the Department, he may do so.
The Chief of Police shall immediately submit a report explaining such action
to the Borough Manager. The Borough Manager, in turn, will determine if the
suspension is to continue. An immediate suspension will be governed by the
aforementioned statutes listed in 4 above.

7.

Emergency Inter-Departmental Disciplinary Action - When the improper
conduct of a member or employee of one unit is of such nature that
immediate or emergency disciplinary action is required of a Command or
Supervisory Officer of another Division, such action may be taken at once
within the following limitations:
a.

Oral reprimand.

(2)

Written Reprimand

b.

Emergency suspension until the next business day.

8.

Inter-Departmental Oral Reprimand - When the Commanding or Supervisory
Officer of one Division orally reprimands a member or employee of another
Division, he shall notify the Division Commander of the member so
disciplined as soon as possible.

9.

Follow-Up On Emergency Suspension - A member or employee receiving an
emergency suspension shall be required to report to the Chief of Police on
the next business day at a time scheduled by the Chief of Police. The
Commanding or Supervisory Officer imposing or recommending the
suspension shall also report to the Chief of Police at the same time.

10.

Reports Of Disciplinary Action Taken Or Recommended - Whenever
disciplinary action is taken or recommended (except for oral or written
reprimands), a written report must be submitted immediately in triplicate
containing the following information:
a.

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

b.

The date, time and location of the misconduct.

c.

The section number of the violated rule and common name of the
Page 75 of 91

infraction.

11.

d.

A complete statement of the facts of the misconduct.

e.

The punishment imposed or recommended.

f.

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

Distribution Of Reports Of Disciplinary Action - Reports shall be distributed
as follows by the officer imposing or recommending the disciplinary action:
a.

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

b.

Duplicate to subject's Division Commander.

c.

Triplicate retained by officer imposing or recommending the action.

12.

Endorsement And Forwarding Of Disciplinary Reports - Each level in the
chain of command must endorse and forward reports bearing on disciplinary
matters. Such endorsement may be one of approval, disapproval, or
modification. No member or employee shall alter or cause to be altered or
withdrawn any disciplinary report. Disciplinary reports in transit through the
chain of command shall not be delayed, but must be reviewed, endorsed,
and forwarded as soon as possible. Disciplinary reports shall be filed in
accordance with current Department directives.

13.

Informing The Person Being Disciplined - The member or employee being
disciplined shall be so disciplined and granted all procedural rights and
safeguards in accordance with N.J.S.A. 11A:2-1 et seq. and N.J.A.C. 4A:21.1 et seq.

14.

Misconduct Observed By Police Personnel - Whenever any Commanding
Officer or supervisory officer observes or is informed of the misconduct of
another member or employee which indicates the need for disciplinary
action, he shall take authorized and necessary action and render a complete
written report of the incident and his actions to his Commanding Officer.

15.

Investigator's Authority - Investigators assigned to an investigation are the
direct representatives of the Chief of Police and, as such, shall receive the
cooperation of all members of the Department while conducting their
investigations. The sole responsibility of the investigator shall be the
gathering of all the facts regarding the allegations. In so doing, he must be
objective and thorough when submitting his report. His opinions,
conclusions, or personality shall not be interjected into the case. By
adhering to the foregoing principles, the case can be concluded with
optimum fairness for all persons concerned.

Page 76 of 91

ARTICLE XIII
DISCIPLINARY CODE
A.

RELATIONSHIP OF OFFENSES TO PENALTIES
1.

The offenses herein shall guide the Chief of Police in administering fair and
uniform penalties for violations of Department Rules of Conduct.

2.

Penalties for offenses listed shall in no way limit any penalty which the Chief
of Police may impose.

3.

Offenses not included in the following list shall result in penalties similar to
those specified for similar offenses of comparable seriousness.

4.

Repeated violations of the rules of conduct shall be indicative of a member's
disregard of the obligations of all members and shall be cause for dismissal.
This shall apply regardless of the severity of the offenses, regardless of any
reckoning period, and regardless of whether these violations are of the
same type.

5.

Suspension, Fine And Demotion For Disciplinary Purposes. An appointing
authority may suspend without pay, or with reduced pay, fine or demote an
employee due to inefficiency, incompetency, misconduct, negligence,
insubordination, or for other sufficient cause.

6.

Causes for Removal. Any one of the following shall be cause for removal
from the service, although removals may be made for sufficient causes other
than those listed:
a.

Chronic or excessive absenteeism.

b.

Incompetency or inefficiency.

c.

Incapacity due to mental or physical disability.

d.

Insubordination or serious breach of discipline.

e.

Intoxication while on duty.

f.

Neglect of duty.

g.

Disorderly or immoral conduct.

h.

Willful violation of any of the provisions of the rules or regulations or
other statutes relative to the employment of public employees.

1.

Conviction of any criminal act or offense.
Page 77 of 91

j. Participation in a Pre-Trial Intervention Program

B.

7.

Negligence of, or willful damage to public property or waste of public
supplies.

8.

Conduct unbecoming an employee in the public service.

9.

The use or attempt to use one's authority or official influence to control or
modify the action, political or otherwise, of any person.

RULES, CHARGES AND DISCIPLINARY ACTIONS
The following is a list, not exhaustive, of rules, charges and disciplinary actions
which may be taken against police officers:
Rule 1:

Accepting bribes or gratuities for permitting illegal acts. Disciplinary
action for 1st offense - dismissal.

Rule 2:

Involved in a crime of moral turpitude that negatively affects the
operation of the Department. Disciplinary action for 1st offense dismissal.

Rule 3:

Repeated violations of Departmental Rules & Regulations, or any
other course of conduct indicating that a member has little or no
regard for his responsibility as a member of the Department.
Disciplinary action - dismissal.

Rule 4:

Sexual harassment. Disciplinary action for first offense - reprimand
to dismissal - second defense - dismissal.

Rule 5:

Failure to report, in writing, offers of bribes or gratuities to permit
illegal acts. Disciplinary action for 1st offense - reprimand to
dismissal; 2nd offense - dismissal.

Rule 6:

Knowingly and willfully making a false entry in any Departmental
report or record. Disciplinary action for 1st offense - reprimand to
dismissal; 2nd offense - dismissal.

Rule 7:

Intoxication on duty. Disciplinary action for 1st offense - reprimand to
dismissal; 2nd offense - dismissal.

Rule 8:

Failure to comply with the Chief’s orders, directives, regulations, etc.,
oral and written, and also those of superiors and supervisors.
Disciplinary action for 1st offense - reprimand to dismissal; 2nd
offense - dismissal.

Rule 9:

Allowing prisoner to escape through carelessness or neglect.
Disciplinary action for 1st offense -reprimand to dismissal; 2nd
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offense - dismissal.

Rule 10:

Failure to take appropriate action concerning illegal activity, including
vice conditions and/or to make a written report of the same to
commanding officer. Disciplinary action for 1st offense - reprimand to
dismissal; 2nd offense - dismissal.

Rule 11:

Improper use, handling or display of firearms. Disciplinary action for
1st offense - reprimand to dismissal; 2nd offense - dismissal.

Rule 12:

Communicating or imparting confidential police information, either in
writing or verbally, to unauthorized persons. Disciplinary action for
1st offense - reprimand to dismissal; 2nd offense - dismissal.

Rule 13:

Willfully damaging Department property and/or equipment.
Disciplinary action for 1st offense - reprimand to dismissal; 2nd
offense - dismissal.

Rule 14:

Interference with police radio broadcasting and tampering with police
radio. Disciplinary action for 1st offense - reprimand to dismissal;
2nd offense - dismissal.

Rule 15:

Removing official documents from the Department without
permission. Disciplinary action for 1st offense - reprimand to
dismissal; 2nd offense - dismissal.

Rule 16:

Failure of members and employees to remain at their assignments
and on duty until properly relieved by other members or employees
or until dismissed by competent authority. Disciplinary action for 1st
offense - reprimand to dismissal; 2nd offense - dismissal.

Rule 17:

Failure to possess and maintain a current and valid New Jersey State
vehicle operator's license. Disciplinary action for 1st offense reprimand to dismissal; 2nd offense - dismissal.

Rule 18:

Association with known illegal gamblers while on or off duty.
Disciplinary action for 1st offense - reprimand to dismissal; 2nd
offense - reprimand to dismissal; 3rd offense -dismissal.

Rule 19:

Associating, fraternizing, or business transactions at any time, or in
any manner whatsoever with known criminals or persons engaged in
unlawful activities. Disciplinary action for 1st offense - reprimand to
dismissal; 2nd offense - reprimand to dismissal; 3rd offense dismissal.

Rule 20:

Participating in illegal games of chance or illegal gambling while on
duty. Disciplinary action for 1st offense - reprimand to dismissal; 2nd
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offense - reprimand to dismissal; 3rd offense - dismissal.
Rule 21:

Fighting or quarreling with members of the Department as prescribed
in this code. Disciplinary action for 1st offense - reprimand to 30
days; 2nd offense - reprimand to dismissal; 3rd offense - dismissal.

Rule 22:

Soliciting for attorneys, bondsmen or other business. Disciplinary
action for 1st offense - reprimand to dismissal; 2nd offense reprimand to dismissal; 3rd offense - dismissal.

Rule 23:

Intoxication off duty in uniform or in identifiable part of uniform.
Disciplinary action for 1st offense - reprimand to dismissal; 2nd
offense - reprimand to dismissal; 3rd offense - dismissal.

Rule 24:

Intoxication off duty, not in uniform, and arrested. Disciplinary action
for 1st offense - reprimand to 30 days; 2nd offense - reprimand to
dismissal; 3rd offense - dismissal.

Rule 25:

Refusal to obey proper orders from a superior. Disciplinary action for
1st offense - reprimand to dismissal; 2nd offense - reprimand to
dismissal; 3rd offense - dismissal.

Rule 26:

Failure to take police action when necessary, at any time, in or out of
uniform, and/or failure to make a written report of same to
commanding officer. Disciplinary action for 1st offense - reprimand to
30 days; 2nd offense - reprimand to dismissal; 3rd offense dismissal.

Rule 27:

Failure to properly supervise subordinates; or to prefer disciplinary
charges; or to take other appropriate disciplinary action. Disciplinary
action for 1st offense - reprimand to dismissal; 2nd offense reprimand to dismissal; 3rd offense - dismissal.

Rule 28:

Failure to thoroughly search for, collect, preserve, and identify
evidence; or persons' property and locations in any arrest or
investigation. Disciplinary action for 1st offense - reprimand to
dismissal; 2nd offense - reprimand to dismissal; 3rd offense dismissal.

Rule 29:

If failure to obey rule 28 results in the theft of said evidence or
property. Disciplinary action for 1st offense - reprimand to 30 days;
2nd offense - reprimand to dismissal; 3rd offense - dismissal.

Rule 30:

Failure to properly care for assigned equipment and vehicles,
damaging same due to neglect. Disciplinary action for 1st offense reprimand to 30 days; 2nd offense - reprimand to dismissal; 3rd
offense - dismissal.

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Rule 31:

Neglect of duty. Disciplinary action for 1st offense - reprimand to
dismissal; 2nd offense - reprimand to dismissal; 3rd offense dismissal.

Rule 32:

Failure to follow Department procedures for the handling of evidence,
personal effects and all other property taken into custody.
Disciplinary action for 1st offense - reprimand to 30 days; 2nd offense
- reprimand to dismissal; 3rd offense - dismissal.

Rule 33:

Prior to written approval of the Director/Chief of Police or his
representative designated for that purpose, appearing to give
testimony as a character witness for any defendant in a criminal trial
or inquiry. Disciplinary action for 1st offense - reprimand to 30 days;
2nd offense - reprimand to dismissal; 3rd offense - dismissal.

Rule 34:

Failure to properly patrol district; unauthorized absence from
assignment; failure to respond to radio calls; idle conversation or
loafing. Disciplinary action for 1st offense - reprimand to 30 days;
2nd offense - reprimand to dismissal; 3rd offense - dismissal.

Rule 35:

Voluntary and knowing association with known illegal gamblers while
on or off duty. Disciplinary action for 1st offense - reprimand to 10
days; 2nd offense - reprimand to 30 days; 3rd or subsequent offense
- reprimand to dismissal.

Rule 36:

Using rude or insulting language or conduct offensive to the public.
Disciplinary action for 1st offense -reprimand to 10 days; 2nd offense
- reprimand to 30 days; 3rd or subsequent offense - reprimand to
dismissal.

Rule 37:

Publicly criticizing the official action of a superior officer. Disciplinary
action for 1st offense - reprimand to 10 days; 2nd offense - reprimand
to 30 days; 3rd or subsequent offense - reprimand to dismissal.

Rule 38:

Using profane or insulting language to a superior officer. Disciplinary
action for 1st offense - reprimand to 10 days; 2nd offense - reprimand
to 30 days; 3rd or subsequent offense - reprimand to dismissal.

Rule 39:

Odor of alcoholic beverage on breath while on duty. Disciplinary
action for 1st offense - reprimand to 10 days; 2nd offense - reprimand
to 30 days; 3rd or subsequent offense - reprimand to dismissal.

Rule 40:

Failure to recognize and satisfy any just debts which negatively affect
the Department. Disciplinary action for 1st offense - reprimand to 10
days; 2nd offense - reprimand to 30 days; 3rd or subsequent offense
- reprimand to dismissal.
Page 81 of 91

Rule 41:

Conduct subversive of good order and the discipline of the
Department. Disciplinary action for 1st offense - reprimand to 10
days; 2nd offense - reprimand to 30 days; 3rd or subsequent offense
- reprimand to dismissal.

Rule 42:

Intoxication off duty - in part of uniform. Disciplinary action for 1st
offense - reprimand to 10 days; 2nd offense - reprimand to 30 days;
3rd or subsequent offense - reprimand to dismissal.

Rule 43:

Asleep on duty. Disciplinary action for 1st offense - reprimand to 10
days; 2nd offense - reprimand to 30 days; 3rd or subsequent offense
- reprimand to dismissal.

Rule 44:

Absence without leave for less than five (5) consecutive working
days. Disciplinary action for 1st offense -reprimand to 10 days; 2nd
offense - reprimand to 30 days; 3rd or subsequent offense reprimand to dismissal.

Rule 45:

Failure to conduct proper, thorough and complete investigations.
Disciplinary action for 1st offense -reprimand to 10 days; 2nd offense
- reprimand to 30 days; 3rd or subsequent offense - reprimand to
dismissal.

Rule 46:

Failure to report as witness when subpoenaed or ordered by superior
officer. Disciplinary action for 1st offense - reprimand to 10 days; 2nd
offense - reprimand to 30 days; 3rd or subsequent offense reprimand to dismissal.

Rule 47:

Failure to remove key from patrol car when unattended. Disciplinary
action for 1st offense - reprimand to 10 days; 2nd offense - reprimand
to 30 days; 3rd or subsequent offense - reprimand to dismissal.

Rule 48:

Soliciting money or other valuable things without proper
authorization. Disciplinary action for 1st offense - reprimand to 10
days; 2nd offense - reprimand to 30 days; 3rd or subsequent offense
- reprimand to dismissal.

Rule 49:

Being found in any alcoholic beverage licensed establishment in full
uniform while not in performance of police duty. Disciplinary action
for 1st offense - reprimand to 10 days; 2nd offense - reprimand to 30
days; 3rd or subsequent offense - reprimand to dismissal. * This rule
Pertains to the Bar area, or immediate area of the bar.

Rule 50:

Possession of alcoholic beverages on the person in police vehicle or
on any police property, not duly authorized. Disciplinary action for
1st offense - reprimand to 10 days; 2nd offense - reprimand to 30
days; 3rd or subsequent offense - reprimand to dismissal.
Page 82 of 91

Rule 51:

Failure to be home or other reported place of confinement without
legitimate reason as outlined in departmental policies, after reporting
sick. Disciplinary action for 1st offense - reprimand to 10 days; 2nd
offense - reprimand to 30 days; 3rd or subsequent offense reprimand to dismissal.

Rule 52:

Failure to obtain any required medical treatment or certificate while
on sick leave. Disciplinary action for 1st offense - reprimand to 10
days; 2nd offense - reprimand to 30 days; 3rd or subsequent offense
- reprimand to dismissal.

Rule 53:

Failure to submit properly written required report within a reasonable
or prescribed period of time as per regulations. Disciplinary action for
1st offense - reprimand to 10 days; 2nd offense - reprimand to 30
days; 3rd or subsequent offense - reprimand to dismissal.

Rule 54:

Having or operating private auto while on duty, or driving to or from
assigned post without authorization. Disciplinary action for 1st
offense - reprimand to 10 days; 2nd offense - reprimand to 30 days;
3rd or subsequent offense - reprimand to dismissal.

Rule 55:

Failure to carry badge, firearm and other required equipment when
on duty. Disciplinary action for 1st offense - reprimand to 10 days;
2nd offense - reprimand to 30 days; 3rd or subsequent offense reprimand to dismissal.

Rule 56:

Un-excused tardiness. Disciplinary action for 1st offense - reprimand
to 10 days; 2nd offense - reprimand to 30 days; 3rd or subsequent
offense - reprimand to dismissal.

Rule 57:

Changing residence or telephone number without giving prompt and
proper notification. Disciplinary action for 1st offense - reprimand to
10 days; 2nd offense - reprimand to 30 days; 3rd or subsequent
offense - reprimand to dismissal.

Rule 58:

Unauthorized persons in radio car. Disciplinary action for 1st offense
- reprimand to 10 days; 2nd offense - reprimand to 30 days; 3rd or
subsequent offense - reprimand to dismissal.

Rule 59:

Untidy appearance and dress while in uniform. Disciplinary action for
1st offense - reprimand to 10 days; 2nd offense - reprimand to 30
days; 3rd or subsequent offense - reprimand to dismissal.

Rule 60:

Not in full prescribed uniform. Disciplinary action for 1st offense reprimand to 10 days; 2nd offense - reprimand to 30 days; 3rd or
subsequent offense - reprimand to dismissal.

Rule 61:

Failure to give prescribed identification when answering telephone.
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Disciplinary action for 1st offense - reprimand to 10 days; 2nd offense
- reprimand to 30 days; 3rd or subsequent offense - reprimand to
dismissal.

C.

Rule 62:

Refusal to give name and badge number when properly requested.
Disciplinary action for 1st offense - reprimand to 10 days; 2nd offense
- reprimand to 30 days; 3rd or subsequent offense - reprimand to
dismissal.

Rule 63:

Unauthorized press releases and statements. Disciplinary action for
1st offense - reprimand to 10 days; 2nd offense - reprimand to 30
days; 3rd or subsequent offense - reprimand to dismissal.

DEPARTMENT DISCIPLINARY HEARINGS
1.

Whenever an internal investigation establishes by a preponderance that a
member is guilty of violating a Departmental rule or regulation, penalty for
which is to be a cause for major disciplinary action and permanently
reflected on the member's personnel record, charges shall be prepared by
the proper authority and personally served upon the respective member by
the Chief of Police or his/her designee. The charges shall contain:
a.

The Division instituting the action.

b.

The name, and title of the member against whom the action is being
instituted.

c.

The charges (rules and regulations) allegedly violated.

d.

Specification of the alleged facts upon which the charges are based.

e.

Notification as to whether the member is suspended pending the
determination of the hearing.

f.

The time, date and place at which the hearing is scheduled to be held
if applicable. If applicable.

g.

The penalties to which the member is being exposed as a result of
the alleged charges.

h.

The signature of the proper authority which is the Borough Manager.

2.

A major disciplinary hearing, if requested within 5 days of service of
charges, shall be scheduled during the business day, but no sooner than ten
(10) days, nor later than thirty (30) days, after said notice is personally
served upon said member, subject, of course, to the granting of reasonable
requests for postponements by said member.

3.

Where a disciplinary hearing has been postponed at the request of the
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respective member pending the determination of criminal or quasi-criminal
charges filed on the basis of the same factual situation which gave rise to
the charges, said hearing must be held within thirty (30) days after the
Borough Manager receives notice of such disposition. The duty to advise
the Borough of Fair Lawn Borough Manager that said judicial determination
has been made is that of the respective member.
4.

"Personal service" means actual service upon the member, as well as actual
service upon any members of the member's family over 18 years of age
residing in the residence of said member.

5.

Disciplinary hearings may, at the option of the charged member, be public in
nature; however, within the bounds of reasonableness and good order.

6.

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

7.

The Chief of Police may investigate the complaint himself or delegate the
duty to any member of the Department. The Borough of Fair Lawn Borough
Manager shall preside as the Hearing Officer.

8.

In order that all parties may be afforded a fair and equal opportunity to be
heard and that the Hearing Officer may be completely informed in the matter
and enabled to render a proper determination based on all the facts and
applicable laws and rules, all hearings shall be conducted in an informal
manner, without reference to any formal rules or procedure.

9.

The Hearing Officer may, at his/her discretion, clear the hearing room of all
persons, including witnesses not under examination or testifying. When the
evidence pertains to scandalous or indecent conduct of any sort, or is such
that its public disclosure would not be in the best interest of the public and
might do irreparable harm to any person or persons not a party to the
hearing, the Hearing Officer may exclude all persons not having a direct
interest in the matter being heard.

10.

The Hearing Officer shall admit all testimony having reasonable, probative
value, but shall exclude immaterial, irrelevant or unduly cumulative
testimony.

11.

The Hearing Officer shall give effect to the rules of privilege as provided by
law.

12.

The member is presumed innocent, and the burden of proof is upon the
Department to prove the member's guilt by a preponderance of the credible
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evidence presented during said hearing. All hearings may, in the discretion
of the Hearing Officer, be recorded by:

D.

a.

A certified shorthand reporter.

b.

Stenographers duly sworn to make an accurate stenographic
recording of the proceeding.

c.

Sound recording device to be operated under the supervision and
direction of the Hearing Officer.

13.

After considering all the evidence in support and in defense of the particular
charge of misconduct, the respective Hearing Officer shall consider same
and render his/her verdict as soon as practical thereafter.

14.

Although the verdict may be verbal at the time of the hearing, the
determination must be reflected in a written decision which must be
personally served upon the respective member as soon as practical after the
termination of said disciplinary hearing.

APPEAL PROCEDURES
1.

Appeal to Department of Personnel

a.

Any member of the Department who has been tried and convicted upon any
disciplinary charge or charges may obtain review by the Department of
Personnel pursuant to N.J.S.A. 11A:1-1 et seq. and N.J.A.C. 4A:2-1.1 et
seq.

b.

Disciplinary charges appealed to the Department of Personnel transmitted
for hearing to the Office of Administrative Law before an Administrative Law
Judge shall be adjudicated in compliance with N.J.A.C. 1:1-1.1 et seq.

Page 86 of 91

ARTICLE XIV
CHANGES AND MODIFICATIONS
In the event that any definition, rule, regulation, process, procedure, action, or
guideline are expanded, restricted, deleted, or modified by State Statue, Judicial decision,
adoption of State regulations, or collective bargaining agreement, such expansion,
restriction, deletion or modification shall automatically be incorporated herein upon the
effective date of said expansion, restriction, deletion, or modification

Page 87 of 91

 

 

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