[Amended 3-25-1991 by Ord. No. 8-1991]
A. All charges against members of the Police Department shall be thoroughly examined by the Mayor and Council, except in the case where the recommended disciplinary action is a suspension of less than five days, hereinafter known as "minor discipline," and upon any member of said Department being convicted by the Mayor and Council of any violation of any rules, regulations or orders of the Department, said Mayor and Council may, in lieu of dismissal from the Department, impose such penalty as in the judgment of the Mayor and Council is warranted by the character of the offense.
B. In the case of minor discipline, as defined in Subsection A, wherein a member is charged with the violation of any of the rules, regulations or orders of the Department and the recommended disciplinary action is a suspension of less than five days, then such member shall, as his or her sole remedy, subject to any union contract grievance procedure, be entitled to a departmental hearing, which hearing shall be consistent with the provisions of N.J.S.A. 40A:14-147.
C. A departmental hearing as referred to in Subsection B of this section shall be consistent with the provisions of N.J.S.A. 40A:14-147 and shall be convened within the time provided by New Jersey statutes made and provided.
D. The departmental hearing officers shall be comprised of the Chief of Police, who shall chair the hearing, the Captain, the designated Lieutenant and Sergeant named pursuant to § 51-1, and the Councilperson who is named as the Chairperson of Law and Order.
E. The departmental hearing officers shall be empowered to establish such rules of procedure as may be necessary to ensure a fair hearing. All findings and conclusions of the departmental hearing officers shall be by majority vote. The decision of the departmental hearing officers shall be reported to the member charged, in written form, which decision shall be final and with no right to appeal to Mayor and Council.