A. Applicability
This Directive shall apply to all state, county, and municipal law enforcement agencies and sworn officers who are responsible for enforcing the criminal laws in New Jersey, come under the jurisdiction of the Police Training Act, and are authorized to carry a firearm under N.J.S.A. 2C:39-6.
B. Selection of Performance Indicators
An EW System may monitor many different categories of officer conduct which indicate potentially escalating risk of harm to the public, the agency, and/or the officer. The following performance indicators shall be included in all EW Systems, but also can be supplemented based upon the unique characteristics of the department and the community it serves. The chief executive of the department shall determine any such supplemental performance indicators. To the extent possible, supplemental performance indicators should be objectively measurable and reasonably related to potentially escalating harmful behavior by the officer.
- Internal affairs complaints against the officer, whether initiated by another officer or member of the public;
- Civil actions filed against the officer;
- Criminal investigations of or criminal complaints against the officer;
- Any use of force by the officer that is formally determined or adjudicated (for example, by internal affairs or a grand jury) to have been excessive, unjustified, or unreasonable;
- Domestic violence investigations in which the officer is an alleged subject;
- An arrest of the officer, including on a driving under the influence charge;
- Sexual harassment claims against the officer;
- Vehicular collisions involving the officer that are formally determined to have been the fault of the officer;
- A positive drug test by the officer;
- Cases or arrests by the officer that are rejected or dismissed by a court;
- Cases in which evidence obtained by an officer is suppressed by a court;
- Insubordination by the officer;
- Neglect of duty by the officer;
- Unexcused absences by the officer;
- Any other indicators, as determined by the agency’s chief executive.
C. Initiation of Early Warning Process
At a minimum, an agency’s EW System policy shall provide that three separate instances of performance indicators (as listed in Section B above) within any twelve-month period will trigger the EW System review process. If one incident triggers multiple performance indicators, that incident shall not be double- or triple-counted, but instead shall count as only one performance indicator.
D. Administration and Tracking
The Manville Police Department’s Internal Affairs Commander, or his designee, will oversee the function of the EW System.
Mid-level supervisors (Sergeants) in the subject officer’s chain of command will be directly involved in any EW System review process.
The Manville Police Department will have a tracking system to assist in identifying officers who display the requisite number of performance indicators necessary to trigger the EW System Review Process. At least every six months, the IA Commander, or his designee, shall audit the agency’s tracking system and records to assess the accuracy and efficiency of the tracking system.
E. Remedial/Corrective Action
Once an officer has displayed the requisite number of performance indicators necessary to trigger the EW System review process (as set forth in Section II.B, above) assigned supervisory personnel shall initiate remedial action to address the officer’s behavior.
When an EW System review process is initiated, the IA Commander should (1) formally notify the subject officer, in writing; (2) conference with the subject officer and appropriate supervisory personnel; (3) develop and administer a remedial program including the appropriate remedial/corrective actions listed below; (4) continue to monitor the subject officer for at least three months, or until the supervisor concludes that the officer’s behavior has been remediated (whichever is longer); (5) document and report findings to the appropriate supervisory personnel and, if warranted, the internal affairs unit. Any statement made by the subject officer in connection with the EW System review process may not be used again the subject officer in any disciplinary or other proceeding.
Remedial/corrective action may include but is not limited to the following:
- Training or re-training;
- Counseling;
- Intensive supervision;
- Fitness-for-duty examination;
- Employee Assistance Program (EAP) referral; and
- Any other appropriate remedial or corrective action.2
F. Notification to Subsequent Law Enforcement Employer
If any officer who is or has been subject to an EW System review process applies to or accepts employment at a different law enforcement agency than the one where he or she underwent the EW System review process, it is the responsibility of the Manville Police Department to notify the subsequent employing law enforcement agency of the officer’s EW System review process history and outcomes. Upon request, the Manville Police Department shall share the officer’s EW System review process files with the subsequent employing agency.
This Directive, and EW Systems generally, are focused on corrective actions to remediate officer behavior and to provide assistance to the officer. This Directive, and EW Systems generally, do not address disciplinary actions that might be warranted against an officer. Such disciplinary actions – to include the decision to suspend, terminate, or if applicable, charge an officer with criminal conduct – remain within the purview of the agency’s internal affairs function, and may be imposed in accordance with existing internal affairs guidelines and applicable law, separate from and independent of the EW System.
G. Notification to County Prosecutor
Upon initiation of the EW System review process, the Chief of Police or a designee shall make a confidential written notification to the Somerset County Prosecutor or his/her designee of the identity of the subject officer, the nature of the triggering performance indicators, and the planned remedial program. Upon completion of the EW System review process, the Chief of Police shall make a confidential written notification to the Somerset County Prosecutor or his/her designee of the outcome of the EW System review, including any remedial measures taken on behalf of the subject officer.
H. Annual Report to Attorney General
By January 31st of each year, each County Prosecutor shall submit a report to the Attorney General, through the Division of Criminal Justice’s Prosecutors’ Supervision and Training Bureau. This summary shall include a statement indicating those agencies under the County Prosecutor’s supervision that are in compliance with this Directive and those that are not.
