How police discipline works in New Jersey

What counts as major discipline

Major discipline is the serious end of the scale. It covers removal, a disciplinary demotion, and a suspension or fine of more than five working days at one time. Smaller penalties are minor discipline and follow a different track. When a penalty is stated in days, it means working days unless the notice says otherwise.^[1]

This site is built on the state's record of that serious discipline. For the exact definitions, see the types of discipline.

The general causes

This section lists the grounds on which an employee may be disciplined. There are twelve, ranging from failing to perform duties and insubordination to conduct unbecoming a public employee, conviction of a crime, and a catch-all for other sufficient cause. A charge in an officer's record usually traces back to one or more of these grounds.^[2]

1. 1. Incompetency, inefficiency or failure to perform duties
2. 2. Insubordination
3. 3. Inability to perform duties
4. 4. Chronic or excessive absenteeism or lateness
5. 5. Conviction of a crime
6. 6. Conduct unbecoming a public employee
7. 7. Neglect of duty
8. 8. Misuse of public property, including motor vehicles
9. 9. Discrimination that affects equal employment opportunity (as defined in N.J.A.C. 4A:7-1.1), including sexual harassment
10. 10. Violation of Federal regulations concerning drug and alcohol use by and testing of employees who perform functions related to the operation of commercial motor vehicles, and State and local policies issued thereunder
11. 11. Violation of New Jersey residency requirements as set forth in P.L. 2011, c. 70
12. 12. Other sufficient cause

These are the grounds behind the charges you will see in an officer's record. Read the full list in the general causes.

From charge to final notice

Before major discipline is imposed, the employee must get a Preliminary Notice of Disciplinary Action stating the charges and the facts behind them, plus a chance for a hearing. In limited situations, such as a serious criminal charge or an immediate safety risk, the suspension can come first and the notice follows. The employee has five days to request a departmental hearing, which is then held within 30 days.^[3]

The departmental hearing is run by the appointing authority or its representative. The employee may bring an attorney or union representative, review the evidence, and question witnesses, and cannot be forced to testify. Within 20 days of the hearing the appointing authority decides the charges and serves a Final Notice of Disciplinary Action.^[4]

See opportunity for a hearing and hearings before the appointing authority.

Appeal to the Civil Service Commission

An employee who receives a Final Notice of Disciplinary Action has 20 days to appeal to the Civil Service Commission. If the appointing authority never issues a Final Notice, the employee may appeal directly within a reasonable time. The appeal follows the format of the Major Disciplinary Appeal Form and must include the required identifying information. Law enforcement officers and firefighters appealing a removal follow the separate track in 4A:2-2.13.^[5]

Major discipline appeals are heard by the Commission or sent to the Office of Administrative Law for a hearing before an administrative law judge. The Commission may adopt, reject, or modify the judge's recommended decision. It can reverse or reduce the appointing authority's action, but it cannot substitute removal for a lesser penalty.^[6]

See appeals to the Commission and Commission hearings.

The law enforcement removal track

This section sets a faster, dedicated track for police officers and firefighters who are removed. If the officer asks for a departmental hearing, it is held within 30 days of the removal date, and the appointing authority issues a Final Notice of Disciplinary Action within 20 days of the hearing. The officer then has 20 days to appeal, filing at the same time with the Office of Administrative Law and the Civil Service Commission. After the administrative law judge issues an initial decision, the Commission has 45 days to complete its review, and its final determination is due within 180 days of the officer's suspension without pay. If the Commission misses the 180-day deadline, the officer starts receiving base salary until it decides, with several defined periods not counted toward the clock.^[7]

This track carries firm deadlines, including a 20-day window to appeal a removal and a 180-day clock on the Commission's final determination. It applies to permanent, full-time law enforcement officers, a group that includes the classified Police Officer title and county and State corrections officers. Full detail is in removal appeals for law enforcement officers.

This page covers the process from the records side. For what these same rights look like from the employee's side (including back pay if an appeal succeeds), see NJCSNavigator's employee-rights guide to N.J.A.C. 4A:2, which also has a directory of law enforcement civil service titles.