DISCIPLINARY CONTINUED FROM PAGE 59
consult with his or her PBA attorney or PBA representative prior to waiving a local hearing.
Unpaid Suspensions
While it is true that all complaints will be investigated, the seriousness of the charge or charges against the individual officer will have a great impact on the interim action taken against him or her. For example, in cases involving allegations of serious misconduct, the police executive may choose to suspend the officer with or without pay pending the outcome of the investigation and subsequent administrative charges, if any. In order for such an unpaid suspension to be appropriate however, at least one of the following conditions should be met: 1. Officer is unfit for duty; 2. Officer is a hazard to any person if permitted to remain on the job; 3. An immediate suspension is necessary to maintain safety, health, order or effective operation of public services;
4. Officer has been formally charged with a crime of the first, second or third degree, or a crime of the fourth degree on the job or directly related to the job.
The most serious of the above-mentioned offenses, of course, are those involving either a possible commission of a criminal act or the use of force, which results in death or serious injury. In certain circumstances, the agency may suspend an officer without a hearing. An unpaid suspension may occur when the appointing authority determines that the employee is unfit for duty or is a hazard to any person if allowed to remain on the job or that an immediate suspension is necessary to maintain safety, health, order or effective direction of public services. In addition, where a suspension is based on a formal charge of a crime of the first, second or third degree, or a crime of the fourth degree if committed on the job or directly related to the job, the suspension may be immediate and continue until a disposition of the charge. Additionally, if there is an immediate suspension, a hearing must be scheduled within five days unless criminal charges are involved. An indictment will also lead to an immediate suspension.
Given the important Constitutional Rights vested in a law enforcement officer’ s public employment, and given the procedural and substantive protections offered by the legislature, a law enforcement officer should be aware of these requirements. Disciplinary actions that violate these rights, or impose suspensions improperly, should be addressed with the officer’ s PBA representative or attorney. Our office has litigated numerous cases involving unlawful suspensions and suspensions which have been improperly instituted, including instituting unpaid suspensions that do not comply with the requirements of the law. Our firm will continue to protect the rights of law enforcement officers in this regard, but all officers should be aware of these rights and protections. d
Stuart J. Alterman, Esquire, of the firm Alterman & Associates, L. L. C., has been practicing law since 1986. He has served as a municipal police officer, a county corrections officer and a municipal prosecutor and has represented law enforcement officers for nearly 23 years in all areas of employment issues, including union issues, worker’ s compensation, wage and hour, personal injury, criminal and family law.
60 NEW JERSEY COPS ■ MAY 2016