OFFICE OF THE PROSECUTOR County of Atlantic 4997 Unami Boulevard, Suite 2 P.O. Box 2002 James P. McClain Mays Landing, NJ 08330 Diane. Ruberton Prosecutor First Assistant Prosecutor (609) 909-7800 + Fax: (609) 909-7802 DarenJ. Dooley Chief of County Detectives Mareh 7, 2016 James J. Carroll III, Esq. 1 New York Road Suite 39 Galloway, NJ 08205 Re: Egg Harbor City Police Department Dear Mr, Carroll: Please regard the following letter as my report to the governing body of Egg Harbor City regarding the structure and operation of the Egg Harbor City Police Department during the period June 1, 2015 through February 28, 2016. ‘As you are aware, it was originally my intention to assign a Lieutenant from my office to act as a Monitor for the police department, whose responsibility it would be to survey EHC PD policies and procedures, evaluate the command structure and assess the deployment of ‘manpower. Unfortunately, the command of the police department proved to be so dysfunctional and the operation of the department proved to be so out of step with established state-wide policies and best practices, that it became necessary for me to direct the Monitor to take a more active role in the day to day operation of the department. This command dysfunction also made it necessary to assign additional personnel immediately to audit and repair the evidence retention and internal affairs functions of the department. ‘The following report, therefore, is the result of the cumulative efforts and observations of three captains and one lieutenant from the Prosecutor's Office who collectively have invested hundreds of hours identifying and correcting serious procedural and operational flaws within the police department. ‘The actions taken by personnel from this office have resulted not only in the department becoming compliant with required policies and best practices, but also have resulted in inereased officer safety, increased officer training, increased assets being made available to officers to accomplish their daily tasks, and monetary savings for the City.1 ADMINISTRATIVE ISSUES It was discovered that the Chief of the department has never prepared or submitted a budget request to City government. A budget request not only enables City government to plan to meet the fiscal needs of the department, but requires the Chief to formulate both short-term and long-term plans for the department with regard to the maintenance and replacement of the physical plant, equipment, IT and the department’ fleet. > Itis the recommendation of this agency that the Chief be required to prepare and submit a budget request each year to City Council. The Monitor and a department supervisor met with the representatives of City government and discussed the department's needs relative to the 2016 budget. These discussions resulted in, among other things, the agreement by the City to install an alarm system for the police department in 2016. See Section III, below. The Monitor also discovered that the department routinely exceeds its overtime budget, largely due to the fact that the Chief consistently allows more than one officer per shift to take vacation or personal time on the same day, even in instances where an officer's immediate supervisor initially has denied a request for time off. > Itis the recommendation of this agency that the department adopt a policy for the granting of time off which would result in lower overtime costs being incurred. In addition, the Monitor also discovered that the Chief has instituted or continued a practice that allows each officer to “bid” for shifts based upon seniority. This practice results in a situation where the most experienced officers are bunched together on the same shift and the most inexperienced officers are often working by themselves without support and supervision from more experienced officers during less desirable shifts. > Itis the recommendation of this agency that the EHC PD, in consultation with the PBA, develop a scheduling practice that allows the efficient distribution of experienced and inexperienced officers over each shift. As noted above, in assigning a Monitor to the EHC PD, it was one of our objectives to do a manpower study. While this agency believes that additional personnel are needed to adequately staff the department, the inefficient scheduling and overtime practices set out above made any accurate manpower study impossible. In the future, should the department adopt this agency’s recommendations regarding overtime and scheduling, my agency will assist in performing a manpower study. The Monitor also learned that the Chief routinely takes vacation, administrative or other leave time without notifying the sergeants or the other supervising officers within the department. This practice obviously creates a situation where there is a total absence of coordinated leadership within the department, on occasions for a week or more at a time.> It is the recommendation of this agency that the department adopt a policy requiring the Chief to notify the supervising officers within the department of his unavailability and to explicitly set out a chain of command during his absence. I. INFRASTRUCTURE ISSUES. An initial walkthrough of the police department building revealed to the Monitor that the facility was in urgent need of cleaning, painting, reorganization and repair. The Monitor consulted with the Mayor, who agreed that the interior of the department was in disarray. The Mayor authorized the painting of the interior of the police department, the cleaning of the floors and carpets, and the replacement of carpet in the Sergeants’ office. In addition, the Mayor also authorized the purchase of four desks, five chairs, four filing cabinets, a weV/dry vacuum, a gun clearing barrel and a cellular phone for the Sergeants to utilize while on duty. ‘The Monitor discovered that the HVAC system for the department needed to be repaired and upgraded and that a City Purchase Order had been approved to pay for the work. This Purchase Order sat on the Chief’s desk for months and the Chief did not contact any contractor, nor did he delegate this task to a subordinate. At the direction of the Monitor, a sergeant contacted an HVAC contractor and arranged for the work to begin. At the suggestion of the Monitor and in preparation for a future increase in personnel, the current office used by the Sergeants and Detective was moved to the much larger locker room and the locker room was moved to the current Sergeants/Detective office. This move will allow each Sergeant and Detective to have his/her own individual workspace, including space to secure confidential information, At the suggestion of the Monitor, the purchase and installation of new ceiling tiles to replace tiles that were saturated with water from a leak in a pipe in the ceiling will be part of the department's 2016 budget request. WL SECURITY ISSUES The Monitor discovered that the “panic buttons” located in the cellblock area were not activated. The Monitor has since insured that the “panic buttons” were activated and connected to the Hamilton Township Police Department dispatch. ‘The Monitor also discovered that the section of the municipal building housing the police department was not equipped with an alarm system. This is of particular concern due to the fact, that the department is located in a single floor building with six builder grade residential-type windows granting access from the outside, These windows are secured with a basic window latch. The Monitor observed that these windows are often left open, even when no officers are present within the department. > Due to the emergent nature of this situation, this matter has already been addressed. At the strong suggestion of this agency, the City has agreed to install an alarm system within the police department in 2016.It was also discovered that three fully operational automatic weapons are stored in a closet within the Chief's office. These weapons are secured together with a single cable lock. This closet is also used to store spare department handguns, the department’s supply of ammunition and other equipment. This closet is not alarmed and the weapons are not secured in a gun safe. While this closet is usually locked, it was discovered that the Chief maintains the key in an area of his office which is readily accessible to any officer or intruder. In fact, many officers are aware of where this key is kept. > It is the recommendation of this agency that EHC PD install a gun safe or construct a secure gun room to house the three automatic weapons mentioned above and any spare department-owned long guns or handguns. It is further recommended that access to the gun safe or gun room be restricted to supervisory personnel and the department’s rangemaster. IV. FLEET ISSUES The Monitor inspected the department's fleet of marked and unmarked vehicles with one of the supervising Sergeants and reviewed the 2014 vehicle maintenance records, which included the total cost to maintain each vehicle. Through the actions of the Monitor, funding was secured through the New Jersey State Drunk Driving Enforcement Fund (DDEF) to offset the overall cost to purchase and install standard police equipment in a vehicle that was authorized to be purchased with City funds in 2014 and 2015. ‘The DDEF Coordinator further advised the Monitor that the Egg Harbor City Police Department had accumulated more than $10,000.00 in their DDEF account that remained unclaimed and that the EHC PD had not requested any funds from their account in several years. The Monitor prepared the necessary paperwork and forwarded it to the DDEF Coordinator. The State then issued a check to Egg Harbor City for the full amount contained in the DDEF account. ‘Through the intervention of the Monitor, all marked patrol vehicles will now be equipped with Automatic Vehicle Location (AVL) devices. The AVL will interface with the CAD/RMS system of the Hamilton Township Police Department and provide real-time GPS data for greater officer safety, accountability and efficient allocation of manpower. V. INFORMATION TECHNOLOGY (1.,) ISSUES The Monitor conducted an onsite information technology assessment and discovered that all seven desktop computers in use at the department were outdated and in need of replacement, including updated software and virus protection. ‘The Monitor initiated discussions with the command staff of the Hamilton Township Police Department, which is contracted to provide police dispatch services and some police computer system services to Egg Harbor City. HTPD agreed to assist with the installation of new computers, updated computer software and virus protection and police vehicle GPS. In addition, HITPD agreed to manage EHC PD’s entire computer system (including the department's Mobile Data Terminals) once the new technology is installed. This service will be included in the contract for dispatch services at no additional cost to Egg Harbor City.At the request of the Monitor, the Coordinator for the New Jersey Drunk Driving Enforcement Fund authorized EHC PD to spend $5,000.00 from their DDEF account to help offset the cost of purchasing new station computers and related hardware. In addition, the DDEF Coordinator offered to provide funding to offset the cost of purchasing Body-Worn Cameras (BWC's). The Monitor also discovered that EHC PD has no policy regarding the use of the department's stationhouse computers and MDT computers, > Itis the recommendation of this agency that EHC PD adopt and implement the attached policies regarding the departments stationhouse computers and the departments use of MDT. (See attached exhibits “J” and “K”), VI. OPERATIONAL ISSUES Shortly after being given this assignment, the Monitor began spending time at the Fee Harbor City Police Department and spending time on patrol with various officers and supervisors. The Monitor quickly learned that some officers regularly were not notifying the dispatch center that they were stopping vehicles for traffic infractions or for investigation; in other words, that they were not “calling in” car stops. This failure violates the most basic tenets of safe, professional policing. > The Monitor, upon the authority of the County Prosecutor as chief law enforcement officer of the County, immediately ordered that all car stops be called in to the dispatch center. The Monitor also discovered that Sergeants and some patrol officers are allowed to approve their own reports. The recognized best practice in this area is for all reports to be reviewed and either approved or rejected by a superior officer or an assigned officer of equal rank, This conformity with the recognized best practice would insure a better quality product by subjecting both the writing and the police work of the submitting officer to scrutiny by an officer of greater, or at least equal, experience. > It is the recommendation of this agency that the Egg Harbor City Police Department adopt a policy or procedure whereby no officer can approve the final draft of his/her own report. ‘The Monitor also discovered that officers were permitted to directly submit applications for search warrants to the on-call Assistant Prosecutor without the prior review and approval of a superior officer. The recognized best practice in this area is that all applications for search warrants be reviewed and approved by a supervising officer before submission to the on-call Assistant Prosecutor. Conformity with the recognized best practice would insure that information on criminal activity is shared and police action is coordinated within the department, It will also insure that officers who need to develop their writing skills are identified and trained appropriately, > It is the recommendation of this agency that the Egg Harbor City Police Department adopt a policy or procedure whereby officers who intend to submit an 5application for a search warrant to the on-call Assistant Prosecutor must first submit the proposed application to a supervising officer for review and approval. Prior to the appointment of the Monitor, newly hired EHC PD officers who passed the police academy basic course were not entered into a structured Field Training Officer (FTO) Program. Although the department had a trained FTO Program officer, newly hired officers were not assigned to this officer, despite the fact that, within the last three years, the department had been forced to terminate two officers and suspend a third due to performance/misconduct issues. An effective FTO Program could have identified these problem officers at an earlier point in time or could have prevented the performance/misconduct issues through early training and supervision. The recognized best practice is for inexperienced officers to be paired with an experienced officer in a structured FTO Program for a specified period of time so that the new officer’s performance can be evaluated and so that the new officer can be mentored by, and get the benefit of the more experienced officer. This best practice shortens the learning curve of new officers, makes them a more valuable resource at an earlier point in time, and provides a greater measure of safety for both the new officer and the public. > It is the recommendation of this agency that the Egg Harbor City Police Department adopt and implement a structured FTO Program for all new officers. It was also discovered by this agency that the Egg Harbor City Police Department has, for a number of years, engaged in a practice whereby an officer who had concerns about the proper functioning of his/her duty weapon would be directed or allowed to test fire the weapon, alone and unsupervised, on a piece of land within the City limits owned by the current Chief of Police. The Chief has admitted that, while he is aware of and approves this practice, he has taken no steps to supervise this use and, therefore, that he is unaware of whether the officers who utilize his land for these purposes take even the most fundamental and rudimentary steps to insure that the firing of weapons on his property is done in a “safe” manner (e.g. whether officers are firing into a soft “backstop”, whether debris is removed from the target area to prevent ricochets, ‘whether steps are taken to insure that no members of the public are in danger from the firing of weapons, whether a nearby school is advised of the firing of weapons, etc.). This practice violates the tenets of proper police management, proper risk management, gun safety and common sense. This practice obviously subjects officers and the public to an unacceptable level of risk of injury and/or alarm. > As chief law enforcement officer of Atlantic County, I hereby direct that the practice of allowing the unsupervised test firing of duty weapons at locations not in conformity with Police Training Commission Standards (See attached Exhibit “A”) be immediately discontinued and that, in the future, the test firing of duty ‘weapons be conducted under the supervision of the department's rangemaster at a designated police firing range.VIL INTERNAL AFFAIRS ISSUES In August 2015, several issues related to the Egg Harbor City Police Department's intemal affairs program were brought to my attention. Upon learning about these issues, I assigned the Captain in charge of our Internal Affairs Unit to complete an audit of their internal affairs function and I also assigned the Lieutenant of our Internal Affairs Unit to jointly investigate all internal affairs complaints that were still open in the police department. On September 16, 2015, the intemal affairs audit began with a (3) hour meeting attended by our Captain, our Lieutenant, the Monitor, Chief McColgan and a supervising Sergeant to discuss their internal affairs function. Since this initial meeting, our Internal Affairs Captain and Lieutenant have been to the Egg Harbor City Police Department on numerous occasions and conducted various inspections of their internal affairs procedures. 1. Assignments and Training ‘A Sergeant and an experienced Officer are assigned as the internal affairs officers for the police department. This Sergeant has been the primary internal affairs officer from September 12, 2014 to the present. She did not have any internal affairs training until May 22, 2015 when she completed a (2) day class at Stockton University called, “Intemal Affairs Policy and Procedures.” The Officer began conducting internal affairs investigations in September 2013. He did not have any intemal affairs training until April 10, 2014 when he completed a (2) day class at Stockton University called, “New Jersey Internal Afiairs Investigation Program.” During the initial meeting with Chief MeColgan, he referred to the Officer as their “back-up” internal affairs officer. Chief McColgan was informed by a Sergeant at this meeting that this Officer became the assistant PBA shop steward for the police union approximately (1) month prior. Chief McColgan then replied that he was unaware that this Officer was in a departmental position related to the union. > As the chief law enforcement officer of Atlantic County, I hereby direct that no officer holding an elected or appointed position within the union representing the members of the EHC PD shall be permitted to serve as an internal affairs officer, as holding the two positions simultaneously creates a clear conflict of interest. Chief McColgan has advised that he did attend a (1) day internal affairs class sometime in 1993 at Fort Dix. He was unable to locate a training certificate in his personnel file for the completion of that class. Therefore, as of the initial discussions with our internal affairs command staff, Chief McColgan and the Sergeant designated as the internal affairs officer, werethe only eligible police officers in the department who had completed formal internal affairs training, Since that time, at the direction of this agency, three (3) additional EHC PD officers have received the Internal Affairs training required by Attorney General Guidelines. On page (13) of the New Jersey Attorney General Guidelines for Internal Affairs, explains the necessary qualifications and training for an internal affairs officer. The New Jersey Attorney General Guideline for Internal Affairs has been revised numerous times since its inception in 1991. It is a prerequisite to stay current on every area involving internal affairs due to all these changes. > It is the recommendation of this agency that Chief McColgan attend a current internal affairs class. This training should also be given to all supervisors in the department who have never been trained in this area, especially since their internal affairs policy authorizes supervisors to conduct these types of investigations. The Sergeant presently assigned to the internal affairs function should also attend additional training to stay current on the topics that relate to her responsibilities since she is in charge of their internal affairs unit. In regards to assignments, Chief MeColgan has never issued any personnel orders within the police department specifically identifying the department's internal affairs officers. These responsibilities should have been assigned through personnel orders so everyone in the department is officially notified as to who was assigned the internal affairs function, > Itis the recommendation of this agency that the Chief, through the issuance of a personne! order, identify the officers within the EHC PD assigned to the intemal affairs function. 2. Internal Affairs Records and Storage All internal affairs investigation files are kept in Chief McColgan’s office. The internal affairs files in his office range from 1998 to the present. The files are located in (2) separate drawers in a filing cabinet. None of the internal affairs files are marked “confidential.” The (2) cabinet drawers containing the internal affairs files are also not marked “confidential.” On page (13) of their internal affairs policy, it requires that all internal affairs files be marked as “confidential.” During the audit, members of this agency observed that no internal affairs files were marked as “confidential”. > It is the recommendation of this agency that all their internal affairs files be marked as “confidential,” which is a requirement of their own internal affairs policy. The internal affairs cabinet should be marked as “confidential” as well, which is an accreditation “best practices” standard.Chief MeColgan maintains all personnel files in his office as well. These files contain background investigations and training records. Chief McColgan also maintains a separate filing system in his office for all health records. During the audit, Chief MeColgan stated that when a police officer is charged with discipline resulting from an intemal affairs investigation, he does not place a copy of that discipline in the officer’s personnel file. The Chief only keeps a copy of that discipline in the ternal affairs investigation file. He stated that he only places copies of minor discipline in personnel files that are issued through supervisory discipline. This is problematic, due to the fact, that the sustaining of an intemal affairs charge and the subsequent imposition of discipline are matters of public record and internal affairs files are confidential On page (45) of the Attomey General Guidelines for Intemal Affairs, it states the following: “Where a complaint is sustained and discipline imposed, the only items to be placed into the employee's personnel file are a copy of the administrative charging form and a copy of the disposition form...” > It is the recommendation of this agency that the record of the sustaining of an internal affairs charge and the record of subsequent discipline of an officer be placed in that officer’s personnel file. 3. File Security Chief MeColgan keeps his office door locked when he is not at the department. Four police officers have a key to gain access to Chief McColgan’s office. The internal affairs cabinet is locked by placing a security bar across the (2) cabinet drawers. Chief McColgan keeps a key hidden in his office which allows access to the internal affairs cabinet along with all the other records mentioned above. Apparently, the same four officers who possess a key to the Chief"s office know where the internal affairs key is located. These police officers may have legitimate reasons for accessing Chief McColgan’s office on a daily basis; however, several of the officers do not need to have access to the internal affairs records. > Itis the recommendation of this agency that access to the department's internal affairs files be limited to the Chief and to the officer(s) designated by the Chief as assigned to the intemal affairs function. 4. Case Tracking -¢ Department has a manual system for documenting all internal affairs complaints. They utilize log sheets that are handwritten to record all the internal affairs complaints that are initiated, At the recommadation of this office the internal affairs officer nowhas its own computer to utilize for investigations that are conducted within that section, Currently, the assigned Sergeant uses a portable USB drive to save all intemal affairs reports. From a security perspective, this can be problematic if the portable USB drive is ever lost or stolen. > It is the recommendation of this agency that the EHC PD computerize the tracking of internal affairs complaints by purchasing commercially available software for that purpose, maintain a secure database for all intemal affairs information and “back up” all internal affairs information. 5. Rules and Regulations ie authority has issued rules and regulations for the maintenance, control, and regulation of this police department. Chief MeColgan has advised members of this agency that he had no input into the creation of these rules and regulations. Chief McColgan stated that the rules and regulations were given to him by the Mayor after they were already approved by the governing authority In the view of this agency, it is troublesome that a Chief of Police would not be consulted to the promulgation of the rules and regulations. On page (3) of the New Jersey Attorney General's Model Rules and Regulations, they provide the following recommendation: ‘In any case, the practical approach to the promulgation of rules and regulations is one in which the police department management prepares a draft proposed rules and regulations. This draft must take into consideration the needs of the police department, the impact of collective bargaining agreements, local ordinances and personnel rules, State and Federal law. The properly designated authority, as well as the municipal attorney, should review the draft rules and regulations and modify them as necessary. The appropriate authority can then issue the rules and regulations in final version.” Clearly, the best practice is that the command staff of the police department and the appropriate authority work in cooperation to create and adopt rules and regulations that make sense for the police department and the community which they both serve. Generally, the rules and regulations of a police department should explain the “do’s and don'ts” regarding the conduct that each police officer must follow. The rules and regulations should be distinctly different than general orders, special orders, and personnel orders. In their current rules and regulations, there are (3) chapters that affairs function: irectly relate to the intemal + Chapter (24) Civilian Complaints against Department Personnel = Chapter (25) Internal Affairs Investigation - Chapter (26) Disciplinary Hearing Procedure 10‘The (3) internal affairs chapters in the rules and regulations have language and procedures that directly contradict their internal affairs policy. Specifically, General Order 2014-001, which went into effect in July 2014. The following is a review of their rules and regulations. It is recommended that these sections be evaluated for possible changes: % InChapter 24.1(a), it states the following: “All complaints, whether received in person or by telephone, shall be referred to the Director of Public Safety or Chief who shall complete an incident report.” The Egg Harbor City Police Department does not have a public safety director position. In addition, an incident report should be completed by the internal affairs officer or a patrol officer who receives the initial complaint, not the chief executive officer. This agency has found no internal affairs records that indicate that Chief McColgan is actually completing any type of cident report related to internal affairs complaints. ‘> In Chapter 24.1(b), it states the following: If the complaint is received during other than normal business hours, the Director of Public Safety or Chief shall complete an incident report, and immediately notify the appropriate authority.” Again, there is no indication that Chief McColgan completes any type of incident report for complaints received in person or by telephone. > In Chapter 24.2, it states the following: “The Director of Public Safety or Chief, upon initiating or receiving an incident report, shall take on the following actions: (a) Investigate the complaint himself. (b) Refer the ‘matter for further investigation, in accordance with procedures set forth herein.” Chief MeColgan has no current internal affairs training to conduct such an investigation. He has been unable to produce any type of training certificates related to internal affairs even though he stated he completed a class in 1993. ‘In Chapter 24.3, it states the following: “Upon completion of the investigation, the Director of Public Safety or Chief, in appropriate cases, initiate disciplinary action in accordance with procedures set forth herein, If no disciplinary action is taken, a report of such investigation including reasons why no disciplinary action is deemed appropriate, shall be prepared and forwarded to the appropriate authority for consideration and approval.” 1There is no indication in the intemal affairs files that were reviewed that Chief MeColgan is forwarding a report to his appropriate authority seeking approval for intemal affairs investigations where no disciplinary action was taken, If such a procedure was actually implemented and the appropriate authority wanted scipline imposed against the recommendations of the chief of police and/or the intemal affairs officer, this would undermine Chief MeColgan’s authority. This language appears to create a problem as to who has the final authority to approve discipline within the police department. Due to the ambiguous language, it is uncle: authority approves discipline. as to whether the chief of police or the appropriate “In Chapter 25.3. it provides the following internal affairs dispositions that should be used: - Unfounded - Exonerated - Substantiated = Inconelusive - Not Involved = Misconduct not Based on the Criminal Complaint - Policy Failure ‘These internal affairs dispositions are not consistent with the New Jersey Attorney General Guidelines for Internal Affairs. The New Jersey Attomey General’s Office requires every police department to complete an internal affairs annual report that includes numerical totals for all dispositions, which are listed in their internal affairs guideline. The proper internal affairs dispositions provided by the Attorney General in the guideline are as follows: - Sustained - Not Sustained - Exonerated ~ Unfounded + Administratively Closed Another issue is that the internal affairs dispositions in the police department rules and regulations are different than the internal affairs dispositions provided in their internal affairs policy — General Order 2014-001. The dispositions in their intemal affairs policy are consistent with the New Jersey Attomey General Guidelines for Internal Affairs. Several of the dispositions in their rules and regulations are unique to the Egg Harbor City Police Department (e.g. substantiated, inconclusive, not involved, misconduct not based on the criminal complaint, policy failure). 2These rules and regulations need to be changed since they are not consistent with the New Jersey Attorney General Guidelines for Internal Affairs. ‘In Chapter 26.6, it states the following: “The hearing shall be closed to the public. The accused officer shall be allowed to have a court stenographer present at his own expense and/or have, his own sound recording ‘made of the hearing, provided a copy of same is provided to the hearing officer.” The target officer is entitled to an open hearing if desired. This section should state something similar to the following “All disciplinary hearings shall be closed to the public unless the defendant officer requests an open hearing.” 6, Internal Affairs Policy The Egg Harbor City Police Department currently has an internal affairs policy. The policy number is General Order 2014-001. The title of the policy is called, “Internal Affairs Policy and Procedures” and it went into effect in July 2014. The following is a review of their intemal affairs policy. It is recommended that the following sections in their policy be either changed or clarified: > On page (4) of the policy it states the following: “The 45-day limit shall begin on the day after the disposition of the criminal investigation and receipt of the completed investigation by the Chief of Police.” The administrative process related to the 45 day rule would not begin until the Atlantic County Prosecutor's Office has reviewed the criminal investigation and authorized a department to proceed administratively. The authorization to proceed administratively could also be given in rare circumstances during the criminal prosecution of the case. In most cases, the Prosecutor's Office would not authorize an administrative investigation by the police department until after the criminal case is adjudicated in court. The current language in their policy related to this topic is vague and should be explained with more clarity. “ On page (5) section (1) of the policy it states the following: “In keeping with established Attorney General Guidelines, this agency differentiated between citizen's complaints (unless members of the police departments are acting as citizens") resulting in internal affairs investigations and supervisory investigations. Supervisory investigations are defined as investigations that originate from or generated from within the agency and include, but are not limited to, supervisors’ subordinates. To that end, Internal Affairs Investigations regarding citizen's complaints / Investigations carry with them the Attorney General guidelines that this agency is required to follow.” BThe New Jersey Attorney General Guidelines for Internal Affairs provides procedures for criminal investigations, administrative investigations, and areas where minor discipline is imposed. There should be no language in the policy that limits the responsibility to follow the New Jersey Attorney General Guidelines for Internal Affairs. The guidelines apply to whether the complaint is made from a private citizen, anonymous source, or from a member of the police department, A chief of police has full authority to initiate an internal affairs investigation where the New Jersey Attorney General Guidelines for Internal Affairs and the regulations contained within that directive fully apply (e.g. allegation of stealing evidence, insubordination, unauthorized arrest) “ On page (5) section (c) of the policy it states the following: “The agency must notify an officer in writing that a complaint has been made against him...” This section should be clarified. The New Jersey Attomey General Guidelines for Intemal Affairs states the following in Requirement (3) as it relates to notifying officers The agency must notify an officer in writing that a complaint has been made against him and that an investigation will begin, unless the notification would interfere with the investigation." There should be language in their internal affairs policy that explains the circumstances of when it’s not required to notify an officer about a complaint. In addition, in numerous sections throughout their internal affairs policy there is language that uses only the male gender like in this section. In other parts of the policy, it mentions male and female genders (i.e. his/her), An example can be found on page (9) section (4) of the pc All department policies should utilize language that properly reflects male and female genders. “On page (7) section (2.a.1.b.) of the policy it states the following: “Violations of department rules and regulations” This paragraph should state, “Violations of department rules and regulations and/or policies “On page (9) section (5.b.) of the policy it states the following: “Unless otherwise directed by the Chief of Police, complaints of demeanor and minor rule infractions will be forwarded to an agency supervisor for investigation and disposition.” 14This seetion of the policy was problematic since only two officers in the entire police department had recent internal affairs training. At the recommadation of 1 s office all sergeants and additional officer have recently recieved internal affairs training. This now permits compliance with the policy to allow supervisors to complete internal affairs investigations. + On page (10) number (4) and (5) of the policy it states the following: (4) “improper or excessive entry (3) “improper of excessive entry” The duplication of number (4) and (5) appears to be a mistake in their policy, Number (5) should state “improper or unjustified search.” This would be consistent with the language on page (14) of the internal affairs policy. + On page (10) number (8) of the policy it states the following: (8) “repeated minor rule” This section should state, “repeated minor rule infractions.” This would be consistent with language on page (14) of their intemal affairs policy. * On page (11) section (E.1,) of the policy it states the following: ‘Complaints of differential treatment, demeanor and all minor rule infractions shall be Jorwarded to the Internal Affairs Officer. The Internal Affairs Officer can require a supervisor to investigate the allegations of misconduct or complete the investigation afier review by the Chief of Police.” Because the policy allows supervisors to conduct internal affairs investigations, the supervisors in the police department must remain current on the basics of internal afffairs. * On page (12) section (3) of the policy it states the following: “Retention of oral reprimands or performance notices are reserved in personnel files, for use in the event that other breaches of discipline occur (progress discipline) and in concert with the employee's bargaining agreement.” Chief MeColgan has stated that he does not place copies of any discipline in an officer's personnel file that resulted from an internal affairs investigation, He stated that only minor supervisory discipline is retained in an officer’s personnel file. All final discipline should be retained in an employee’s personnel file regardless of how it was generated. The discipline that should be retained in a personnel file would include oral reprimands, written reprimands, suspensions, fines, etc. 15In addition, the wording in this section states, “progress discipline." The wording should be “progressive discipline.” “© On page (13) section (6.c.) of the policy it states the following: Written reprimands will remain for six months in the employee's personnel file.”” This policy violates the requirement in the New Jersey Attorney General Guidelines for Internal Affairs regarding written reprimands, which on page (20) states the followin; “Each agency should establish its own protocol for reviewing and purging performance notices and oral reprimands from an employee's personnel file Written reprimands should remain permanently in the employee 's personnel file.” “On page (13) section (5) of the policy it states the following: [pon final disposition of the complaint, a letter shall be sent to the complainant by the Chief of Police explaining the outcome of the investigation, and the reasons for the outcome decision,” Personnel from this agency conducted a complete audit of every internal affairs file for 2013 and 2014. There were several files that did not contain final disposition letters to the complainant, “On page (15) section (4) of the policy it states the following: “In cases not involving allegations of criminal conduct, the accused officer shall be notified of the complaint once enough preliminary information data has been gathered. No investigation will be conducted until the “target officer” is served.” There are many examples where a target officer might be unable to be immediately served with an intemal affairs notification (e.g. away on vacation, military activation, enrolled in a drug rehabilitation center, committed to a mental health institution). There could be situations where an administrative investigation must be immediately initiated without undue delay to avoid losing evidence regardless of the serving of the target officer. This section should be amended. ‘© On page (15) section (5) of the policy it states the following: “In most cases, where preliminary fact-finding indicates the possibility of a criminal act on the part of the accused officer or if the possibility of criminality exists, the County Prosecutor shall be notified immediately. No further action shall be taken, including the filing of criminal charges by the department, against the officer, until directed by the County Prosecutor.” On page (1) of the Atlantic County Prosecutor Directive 6-91 - Internal Affairs Complaints Case Reporting, it states the following: 16“This notification requirement is not to result in any delay in the prompt initiation of internal affairs investigations, nor is this notification requirement to result in changes to the methods or procedures used by local or county law enforcement agencies to investigate such complaints. As in all types of criminal investigations, this office reserves the option to jointly participate with or supersede the notifying law enforcement agency ina particular internal affairs investigation.” When the Prosecutor's Office receives a notification of an internal affairs complaint from a police department, a response letter is sent back to them providing specific instructions in how to proceed. In criminal related complaints, the Prosecutor's Office only requires a department to stop an internal affairs investigation only if probable cause of a crime is established. Excessive force complaints or unlawful arrest complaints could possibly be criminal in nature if proven; however, an internal affairs unit should not delay their investigation into these types of complaints to avoid losing valuable evidence (e.g. surveillance video). The language in this section of their internal affairs policy should be amended to be consistent with the language in Prosecutor Directive 6-91. “On page (16) section (c) of the policy it states the following: “If the person being interviewed is subject of the investigation, one person of the employee's choosing may attend the interview session. The right to an attorney does not apply to administrative investigations. Although the “right” to an attomey does not apply, the target officer is allowed to bring an attomey to an administrative interview if desired. The language in this section should be amended. “On page (16) section (8) the policy provides the following internal affairs dispositions: Exonerated Sustained Not Sustained Unfounded The disposition of “administratively closed” was not listed in their rules and regulations, but it was included on page (12) of their internal affairs policy. This section needs to be corrected by adding “administratively closed” as an approved disposition, page (18) section (3) of the policy it states the following: “AIl hearing will be audio/and or video recorded." This section should state, “All hearings will be audio and/or video recorded.” 7On page (19) section (H.3.) of the policy it states the followin, “The contents of internal investigation case files will be retained in the Chief's office. The files shall be clearly marked as confidential.” In reviewing their internal affairs files, none of them were marked confidential. 7. Early Warning System There is no section in the EHC PD internal affairs policy regarding the development of an Early Warning System to identify any pattern or practice by a member of the agency that warrants intervention or remediation before develops into a more serious problem. On page (3) of the Atlantic County Prosecutor Directive 6-91 - Internal Affairs Comp! Is Case Reporting, there is a requirement that every police department in Atlantic County adopt an Early Warning System. It further requires that if a police officer is subject to (3) internal affairs complaints within a (12) month period, a supervisor must review the incidents. It further directs that the results of the review be documented and forwarded to the Atlantic County Prosecutor's Office no later than (30) days after the completion of the review. Prosecutor Directive 6-91 went into effect on July 3, 2013. » As chief law enforcement officer of Atlantic County, I hereby direct that the EHC PD immediately adopt an Early Warning System in compliance with Prosecutor's Directive 6-91 8. Internal Affairs Quarterly Reports On page (2) of the Atlantic County Prosecutor Directive 6-91 - Internal Affairs Complaints Case Reporting, there is a requirement that every police department in Atlantic County submit internal affairs quarterly reports to the Prosecutor’s Office. In 2013, the Egg Harbor City Police Department had (11) internal affairs complaints. All (11) intemal affairs complaints were reported on their quarterly reports. Every quarterly report was submitted to the Prosecutor's Office that year as required. In 2014, the Egg Harbor City Police Department had (15) internal affairs complaints, but only (13) complaints were reported on their quarterly reports that year. Internal affairs complaint 14-006 and 14-015 were never documented on the 2014 quarterly reports as required. 9. Internal Affairs Annual Reports In 2013, the Egg Harbor City Police Department had (11) internal affairs complaints. All (11) complaints were reported on Table (1) of their internal affairs annual report that was submitted to the Prosecutor's Office. 18On Table (2) of the internal affairs annual report, it requires the final disposition of every ternal affairs complaint, In reviewing the 2013 internal affairs investigation files, several of the files didn’t have internal affairs investigation reports that would provide the final disposition of each internal affairs complaint In 2014, the Egg Harbor City Police Department had (15) internal affairs complaints, but only (14) complaints were reported on the internal affairs annual report that year. 10. Internal Affairs Notifications to ACPO. On page (1) of the Atlantic County Prosecutor Directive 6-91 - Intemal Affairs Compl Case Reporting, it states the following: “All municipal and county law enforcement agencies will report all complaints against police officers, whether signed in municipal court or received by a local or county law enforcement agency's internal affairs unit, to the Atlantic County Prosecutor's Office.” Prosecutor's Office personnel reviewed the 2013 and 2014 internal affairs files that were documented by the Egg Harbor City Police Department. They then checked the Prosecutor's Office intemal affairs database (IA Pro) to determine if these complaints were ever received There was no record in the Prosecutor’s Office internal affairs database (IA Pro) that notifications were made for three (3) internal affairs complaints in 2013 and one (1) internal affairs complaint in 2014. 11. Internal Affairs File Review Prosecutor's Office personnel reviewed every internal affairs file for 2013 and 2014 to examine the quality of the investigations and to locate any deficiencies that may exist. The review was conducted to confirm that best practices were utilized in conducting these ations and to validate full compliance to the New Jersey Attorney General Guid Internal Affairs. Numerous deficiencies were found in the file audit for those respective years. The quality of these investigations was not consistent with the best practices that have been established for conducting internal affairs investigations. In 2013, there were (11) investigations conducted by the internal affairs unit. In 2014, they received (15) internal affairs complaints. Some level of deficiency was found in each file, In several of the complaints, there were no internal affairs investigation reports completed by the internal affairs officers, Thi 's problematic for many obvious reasons. The requirement to have a final investigation report is a standard that should never be deviated from, especially when the report is needed for civil litigation, court ordered in-camera reviews, progressive di subpoena compliance, ete, 19Also discovered was a pattern in which the internal affairs officer who was investigating the complaint would send a certified letter to the civilian complainant requesting an interview. If the civil in complainant did not provide an interview, the internal affairs investigation would automatically be closed and no further investigation would be completed. In some situations, an investigation may need to be closed if the complainant does not provide a full statement, but this should not be the standard for every complaint. There were instances found during the review where the complainant did provide a voluntary written statement, but did not consent to a request for a formal interview. An intemal affairs officer could still “sustain” or “exonerate” a complaint with other facts gathered during the even when the complainant is not fully cooperative. In addition, it was discovered that the final dispositions provided for several of the internal affairs investigations were incorrect. This confusion more than likely exists because the internal affairs officers who are conducting the investigations do not have a clear understanding of these definitions. It is obvious that a lack of training for these officers contributed to this confusion. In some cases, there was insuffi ent amount documentation in the file that would justify the closing of that complaint. Internal affairs investigations should be among the most thorough and complete investigations that a police department will generate, In the files that did have internal affairs investigation reports, some consisted of just a (1) page written narrative with little or no investigation and some files had no narrative at all Many of the internal affairs investigations were investigated inconsistently. Here are some examples: Some target officers were recorded during their interviews, but most were not recorded. = Some officers were given a target notification prior to their interview, but some officers were not given an advisement form (i.e. Miranda Warning or Garrity Warning). = Some complainants were given final disposition letters at the end of the investigation, but other times complainants were not notified of the outcome of the investigation as required by their own policy and the New Jersey Attorney General Guidelines for Internal Affairs - Some officers were given written notifications that they were the target of an internal affairs complaint, but on some occasions there were no such notifications given to the officer. At the meeting with Chief McColgan on September 16, 2015, he was asked if internal affairs interviews were recorded. He responded, “I'don't know if they are recorded. [the internal affairs officer] should do whatever she learned in class.” This response is of some concern because 20Chief MeColgan should be reviewing each internal affairs investigation file to make charging decisions for each complaint. Further inquiry on this topic revealed that the Sergeant assigned to internal affairs was not provided a digital recorder to memorialize interviews. At the suggestion of this agency the Sergeant tasked with the internal affairs function was provided with a digital recorder to record all interviews of sworn personnel and civilian complainants or witnesses. ‘On August 26, 2015, personnel from this office received a telephone call from a citizen of Egg Harbor City. She advised that she previously made an internal affairs complaint to the Egg Harbor City Police Department regarding excessive force, but the police department did nothing with her complaint. Prosecutor's personnel then checked the Atlantic County Prosecutor's Office internal affairs database (IA Pro) and discovered that particular complaint was never sent to the Prosecutor's Office by the Egg Harbor City Police Department as required, After looking into this matter further, it was learned that the Ege Harbor City Police Department did receive this complaint on July 15, 2015, but did not do any active investigation upon receiving the complaint. See IA 15-008 for further details. As the internal affairs audit progressed, it became apparent that the chief of the EHC PD has been ignoring the department's internal affairs obligations. The EHC PD was receiving internal affairs complaints, but no active investigations were being conducted in a way that would be considered acceptable or in conformity with best practices. This issue can be seen as far back as 2014, In a particular internal affairs file from 2014, (4) Egg Harbor City Police Officers and the civilian complainant were sent formal requests for interviews. At the time of the audit, none of those interviews had been completed and no significant investigation had been done to address the complaint. 12. Internal Affairs Forms * On Page (9) Section (3.b.) of the policy it states the following: “Complete the Internal Affairs Report Form according to the instructions provided.” ‘+ On Page (14) Section (F.2,) of the policy it states the following: “The supervisor or commanding officer initiating such action shall complete a Recommendation for Internal Affairs Investigation Form. Upon completion, the form, together with any supporting documentation, shall be forwarded to the Chief of Police. The internal affairs audit revealed that the “Internal Affairs Report Form" and the ‘Recommendation for Internal Affairs Form” do not exist, even though these forms are 2amentioned in their internal affairs policy. Egg Harbor City Police Department's internal affairs policy has no templates attached to it that would show the forms that should be utilized during an internal affairs investigation, The New Jersey Attomey General Guidelines for Internal Affairs provides sample intemal affairs forms as a guide for police departments to utilize when they create their policy. Itis vital to have standard forms incorporated into an internal affairs policy. These forms can have significant legal impact and should clearly advise the target officer of his/her rights prior to any criminal or administrative interview. Basically, they are the foundation upon which rests the completed internal affairs investigation. Fortunately, while the internal affairs audit was in progress, the Sergeant assigned to the Internal Affairs function took it upon herself to develop a set of standardized forms for use in internal affairs investigations. > Itis the recommendation of this agency that the intemal affairs forms developed by the Sergeant assigned the internal affairs function be reviewed, and if deemed acceptable, be adopted for future use by the department by being incorporated into the department's Internal Affairs Poliey. 13. Drug Testing The New Jersey Attomey General Guideline regarding drug testing does not require a police department to drug test applicants nor does it require law enforcement agencies to implement a random drug testing program to swom personnel. However, the Egg Harbor City Police Department does have a drug testing policy. The policy went into effect on June 1, 1999 and was amended on October 20, 2000, This drug testing policy states the following regarding pre-employment drug testing: “Applicants may be required 10 submit a urine specimen at any time prior to appointment.” Their drug testing policy states the following regarding random drug testing: “Testing will be conducted twice during the calendar year and 100% of the sworn personnel will be selected during each testing period.” The Egg Harbor City Police Department does have a past practice of only drug testing new applicants that need to attend the police academy. They also have a past practice of not drug testing new employees who were already certified through the New Jersey Police Training Commission. Chief MeColgan has advised that his department has not conducted random drug testing from approximately 2007 to the present, even though their drug testing policy calls for random 22drug testing twice a year. In addition, the present EHC PD drug testing policy calls for a 100% selection of officers during each random drug test. The New Jersey Attormey General Guideline for drug testing states the following regarding random drug testing: “State the number of officers to be selected each time a random selection takes place. This can be expressed as either a number of sworn officers or a percentage of the sworn officers, which in every case shall be less than the total number of sworn officers employed by the agency.” Based on the above language in the New Jersey Attomey General Guideline regarding drug testing, the Egg Harbor City Police Department should not have a policy that requires a 100% selection for their random drug testing. On November 2, 2015, the Monitor provided the Chief with a draft policy for EHC PD’ Drug Testing Policy and Procedures that had been drafted by members of this agency and approved by me. The Chief was directed to review the policy and, if he had no suggested corrections or changes, to issue the policy within seven (7) days. The Chief had not suggested changes or corrections to the policy, yet he failed to issue the policy within the required time period. Through the intervention of the Monitor, the Chief delegated the issuance of this policy to a subordinate and the policy was issued on or about November 19, 2015. The Monitor further advised the Chief that the required random testing would begin on January 1, 2016, yet, as of the date of this report, the Chief has not taken the necessary steps to perform such testing. > As chief law enforcement officer of Atlantic County, I hereby direct the Egg Harbor City Police Department to immediately begin random drug testing, pursuant to the provisions of its policy. The department does have a large number of urine vials in stock. They also have a locked refrigerator in Chief McColgan’s office directly in front of his desk that is solely for the storage of urine samples when needed. 14. Use of Force The department does not have its own policy in regard to using force. The department follows the Atlantic County Use of Force policy as their guideline. EHC PD officers complete a use of force report as required, These reports are further required to be reviewed by a supervisor or officer-in-charge, who must then sign the report. In auditing the department's use of force reports for 2013, 2014, and 2015, it was observed that several were never approved by a supervising officer. 23> Itis the recommendation of this agency that every use of force report be reviewed and signed by a supervising officer, as required by policy. 15, Continued Monitoring of Internal Affairs The Lieutenant of our Intemal Affairs Unit is currently assigned to assist the Sergeant assigned the EHC PD internal affairs function in investigating all open intemal affairs cases. ‘There was very little or no investigation done on any of the open cases prior to the Lieutenant’s initial assignment to their internal affairs unit, In evaluating the quality of their internal affairs investigations and reports that were completed in 2013 and 2014, there was a lack of thoroughness in investigating these types of complaints. An incomplete or inadequate internal affairs investigation is a liability for the police department, the city, and does not properly serve the community, which has a right to expect that complaints regarding police officers made by community members be investigated impartially and effectively. > The Egg Harbor City Police Department's Internal Affairs Unit will continue to be observed for a period of time after our Lieutenant has completed her assignment to ensure that all intemal affairs complaints, both criminal or administrative, are being properly completed according to applicable policies, standards and best practices. This continued period of observation will reveal whether the department has amended its policies and practices to bring it in conformity with state-wide requirements and standards. VII. EVIDENCE RETENTION ISSUES. Since June 1, 2015, this agency has spent in excess of 100 hours in the inspection, evaluation and reorganization of the EHC PD evidence retention function. Upon initial inspection, it was obvious that EHC PD had not disposed of much evidence in the past. The small evidence room was at capacity. Of greater concern was the fact that the room was not alarmed nor was it covered by motion detectors, The ceiling of the evidence room was not secure. A person could easily have accessed the evidence room from other parts of the building without being detected. Mold was discovered in the evidence room. The City has hired a mold remediation company to deal with the issue. Part of the cause of the mold, according to the remediation company, was a leaking pipe in the ceiling of the evidence room. A request to fix the leaky pipe and fortify the ceiling was sent to the EHC Department of Public Works. The mold remediation company also suggested that a dehumidifier be placed within the evidence room, which has been accomplished. In order to deal with the mold problem and the lack of security, one of the two jail cells within the department were converted to a temporary evidence holding location. Wood was 24installed on the bars of the cell in addition to a chain and padlock. Only the department's evidence custodian has access to this space. This space will continue to be utilized until the security and space concems regarding the evidence room are addressed, > It is the recommendation of this ageney that the EHC PD evidence room be rendered secure by the installation of a secure entry door, a secure ceiling and an alarm system separate from the alarm system for the rest of the police department. ‘There was no regular system in place for the disposal/retum of evidence, whether that evidence related to cases in Superior Court or cases in Egg Harbor City Municipal Court, Under the direction and with the assistance of superior officers from this agency, members of the EHC PD are combing through each item in their evidence room and temporary holding facility in order to compile an accurate inventory. Every item in evidence is being reviewed for eligibility for destruction. If an item is deemed eligible for disposal, a case synopsis is generated and a form linking the item to an indictment number or a municipal court case number is generated. Information regarding the evidence item and the related case are then sent either to this ageney or to the municipal prosecutor for authorization to destroy the item. Almost all firearms seized as evidence and presently in the custody of EHC PD can be destroyed. > Itis the recommendation of this agency that EHC PD schedule a destruction run for all seized firearms approved for destruction as soon as possible. Further destruction runs for all types of evidence eligible for disposal should be scheduled at least on an annual basis. Many items contained in evidence were not filed under case numbers, nor were they lentified as having come from any individuals or incidents. There were instances in which cases with associated items of evidence were not entered into an appropriate database or evidence ‘management system, With regard to these items, no records of arrest or case disposition can be linked to them to assist in making a decision as to whether to destroy them and no owner can be identified to assist in making a decision as to whether to return them. Most items in this category appear to be related to cases or arrests made more than 10 years ago. In order to properly maintain and document all evidence coming into the department in the future, all Sergeants were given a tutorial on how to package evidence and enter into the “Pro Phoenix” computerized evidence management program system. All incoming evidence will, in the future, be recorded into that evidence management program. In the future, every officer submitting an item into evidence will be responsible for entering the item into the “Pro Phoenix” system, rather than that responsibility resting with the department’s evidence custodian. This will result in a huge time savings for the evidence custodian and allow the custodian more time to complete the ongoing inventory and the destruction of backlogged items. IX. OTHER POLICY ISSUES It was discovered that the Egg Harbor City Police Department had no policy in place regarding the use and supervision of informants and confidential sources. Consultation with the Chief revealed that he had no intention to develop or implement such a policy. This was so despite the fact that, within the last two years, a member of the EHC PD has been convicted of 25the crime of Official Misconduct as a result of several inappropriate relationships with informants. Upon discovering this situation, the Monitor, upon my authority as chief law enforcement officer of Atlantic County, prohibited the future use of confidential sources/informants and the initiation of undercover operations without the prior approval of the Monitor. > As chief law enforcement officer of Atlantic County, I hereby direct that the Egg Harbor City Police Department adopt and implement the attached policy regarding confidential sources. (See attached Exhibits “B” through “I”) Asa result of the foregoing, it is my intention to keep the Monitor in place, on a part-time basis, until June 1, 2016. During this additional time period, the Monitor will evaluate whether the department has implemented all of the directives and at least some of the recommendations contained in this report. Should you, on behalf of the governing body, wish to discuss this matter further, please do not hesitate to contact me. Respectfully, Tyas James P. MeClain Atlantic County Prosecutor 26EXHIBIT “A”Division of Criminal Justice Police Training Commission Outdoor Firearms Range Facility Standards Effective Date: July 1, 1988 LEPS le Stety Division of Criminal JusticeOUTDOOR RANGE FACILITY STANDARDS, \ * Required | Recommended 10° Location/Security. The range should be in a relatively safe and isolated area. The outer perimeters of the range shall be secured by a natural barrier or adequate fencing when there is a risk of trespassing by unauthorized persons. 2.0" Berms. The range should contain impact and safety berms. 2.4" Impact Berm. The impact berm for ranges with a 25-yard capacity limit should be at least 12 feet high, and for those with a 50-yard capacity limit, at least 20 feet high. These impact berms should be free from rocks, stones or objects that may tend to increase the possibility of ricochets. 2.2" Side Berms. Both sides of the range should contain side berms for safety purposes. They should be at least 8 feet high and extend from the impact berm to the maximum shooting distance. Their primary purpose should serve to stop any misdirected rounds that may tend to travel slightly to one side or the other either by accident or ricochet. These berms should not be used as impact berms. 3.0° Range surface. The surface of the entire range should be relatively clear of any objects, stones or excessive growth that may tend to enhance the Possibility of ricochets, or create bad footing conditions. The entire range shooting area should be relatively flat and level. ~ 4.0" Target area, A line of target brackets or holders should be placed on the target area. 4.1* Materials used in the construction of brackets or holders should be designed so as not to create any ricochet hazard. 4.2" Target brackets or holders should be conspicuously numbered in * proper sequence. The materials from which the numbers plates are made should not create any ricochet hazard. 4.3* Target line should be placed no more than 20 feet in front of the impact berm.5.0° 6.0" 7.0" 8.0* 9.0" 4.4* Targets. There should be a space between each target bracket or holder approximately equal to the width of one target. The top of the targets, when attached to the brackets or holder, should be approximately 6 feet off the ground and in a relatively straight and level line. Firing lines should be clearly marked on the ground surface across the entire width of each firing range. 5.1" Numbered Distance Markers should be placed on both sides of each firing line to indicate the distance from the firing line to the. target, i.e., 7-yards, 25-yards, etc... Firing Lanes. Each shooting lane should be conspicuously numbered to assure range personnel and shooters that the shooters are in their proper shooting lane. 6.1" Numbered markers should be conspicuously placed in each shooting lane and coincide with the target bracket, 25-yard line and 50-yard line numbers. Sound System. There should be an audible sound system to amplify voice commands. 7.1" Voice projection. This sound system should enable the range officer to project loud and clear voice commands to all shooters during actual shooting exercises. Communications System. An adequate communications system should be available at the range site. - 8.1" Convenient location. This system should be conveniently located to the range officer in order to minimize the loss of time between the emergency and the call for assistance. 8.2" Capability. The system should be capable of contacting Appropriate assistance in case of injuries or other unforeseen emergencies, Lighting. Adequate lighting, when necessary, should be available at the range site.( 10.00 site, 11.0 Control Tower/Flag Pole. At control tower should be placed at the range e 10.1. Placement. A control tower should be placed at the center point of the range, approximately 15 to 20 yards behind the farthest firing line, and provide the range officer with a clear unobstructed view of all shooters and the range personnel. e 10.2 Construction. The floor decking should be at least 6 feet higher than the ground ° 10.3. Flag Pole. A flag pole, for displaying a red flag or banner whenever the range is in use, should be installed close to or attached directly to the control tower. The top of this pole should be at least 20 feet higher than ground level. ‘The flag or banner should be large enough to be conspicuously viewed from any location in the range area, Other. 11.1* Toilet facilities. Toilet facilities should be made available. Portable toilets are acceptable, e 11.2 Rest Area, A rest or break area should be available in a location that is safe from any firing line, - e@ . 14.3. Parking. When necessary, adequate parking facilities should be made available. e 11.4 Storage Shed/Field Office. The range should contain some form of storage shed or field office. This structure should be relatively secure for the storage of target materials. ~ 11.5" Emergency Vehicles’ Access. Suitable access to the range site should be provided for emergency vehicles. Emergency personnel should be familiar with the access roads) and location of the range site. Additionally, emergency personnel should be notified when the range is in use.EXHIBIT “B”EGG HARBOR CITY POLICE DEPARTMENT Procedures — Confidential Sources I PURPOSE The purpose of this directive is to establish the administrative and operational processes necessary for an efficient and effective use of Sources. Obtaining information from persons who wish their identity to remain confidential is not only lawful; it is often an effectual and essential tool for law enforcement. However, unless this kind of activity is adequately controlled, gathering information in this manner can result in serious problems and may jeopardize legitimate investigations and prosecutions. Persons, who aid the Egg Harbor City Police Department while remaining confidential, whether or not they are paid sources, are not employees of the Egg Harbor City Police Department. Nevertheless, they have a unique relationship with this department in which they supply information. In situations where law enforcement encourages or directs the activities of that person, a special responsibility exists with this agency to utilize the relationship within a legally acceptable framework. It is therefore necessary to formulate guidelines to establish uniform standards for Sources and law enforcement personnel when a source relationship exists. These guidelines, hereinafter set forth, are intended to establish a minimum standard of conduct for all law enforcement personnel in the Egg Harbor City Police Department. i POLICY It is the policy of the Egg Harbor City Police Department to provide for the orderly collection of criminal information from individuals whose cooperation and knowledge are vital to effective prosecution, document the identities of individuals to whom confidential source payments and expenses are provided, establish guidelines to assure the continued integrity of agency personnel whose duties require handling persons of questionable character and motive, monitor cash flow to confidential sources, and make documentation of these expenditures in appropriate reports. lll. CONFIDENTIAL SOURCE A. Definitions 1. Confidential Source ~ A confidential source (CS) is defined as a person, whose identity is to remain confidential and who works under the direction and supervision of this department for the purpose of obtaining information and evidence that discloses a violation of a provision of the laws of this State or of the United States. A confidential source cooperates with this department under the following conditions a. non-testifying source or testifying source and 10f17b. monetary consideration or prosecutorial consideration 2. Inactive Confidential Source - An inactive confidential Source means no contact reports, payments, or explanations have been filed into the confidential source file system for the confidential source for a period of one-hundred and eighty days (180). Once a source is classified as “inactive,” documentation procedures (check of criminal history, etc.) and Prosecutorial approval are required prior to the source being “re-activated.” Note: If a CS exceeds ninety (90) days of “inactivity,” the law enforcement officer shall endeavor to check the criminal history of the CS to ensure no recent criminal activity by the source, 3. Cooperating DefendantWitness: a. has agreed to testify in a proceeding as a result of having provided information and/or other assistance to an officer of this department. b. is a defendant or potential witness who has a written agreement with the Egg Harbor City Police Department approved by the Atlantic County Prosecutor's Office pursuant to which the individual has an expectation of future judicial or prosecutive consideration or assistance as a result of having provided information or assistance to the Egg Harbor City Police Department in a matter in which they are a party to. c. a cooperating defendant/witness identification may be disclosed during a criminal prosecution or civil litigation. d. in the case of a cooperating defendantiwitness, a determination shalll be made by an Assistant Prosecutor designated by the Atlantic County Prosecutor's Office (ACPO) as to whether the cooperating defendantiwitness is required to be evaluated and registered as CS. 4. Cooperating Victim(s)-In some instances, victims of crimes/offenses may provide information to law enforcement during the course of the investigation. In these cases, a determination shall be made by the designated ACPO Assistant Prosecutor as to whether the cooperating victim/witness is required to be evaluated and registered as a CS. 5. “Source of Information” — Any individual who: a. meets the definition of a C.S. b. provides information to the Egg Harbor City Police Department solely as a result of legitimate routine access to information or records, such as an employee of the military, a law enforcement agency, or a legitimate business (ie. phone company, banks, airlines) and not as a result of criminal association with persons of investigative interest by this department. c. provides such information in manner consistent with applicable law. B. Use of Sources 2of 171. Confidentiality of Sources a, Law enforcement personnel are encouraged to establish relationships with sources for the purpose of furthering the law enforcement goals. In order that the special relationship be maintained, confidentiality is often essential. Frequently, the contact between the source and law enforcement is through an individual detectiveofficer with whom the source has confidence and has established a trust. While this personal rapport is desirable, law enforcement must understand that the responsibility for the control and use of the source is an agency function and not a personal function of the detective. Therefore, for purposes of security, continuity of relationship, and the maintenance of agency integrity, the identity of all sources used by the Egg Harbor City Police Department must be made known to the confidential source manager, appropriate supervisor and/or Chief of Police. The relationship should be documented in the confidential source files. Access to such information must be strictly supervised. 2. Evaluation of Sources a. No person shall be utilized as a source unless the department believes that such a person is able to furnish reliable enforcement information or other lawful services to the Egg Harbor City Police Department. In considering the use of a source, the following factors should be weighed and the confidential source checklist should be utilized: 1) The risk that use of an source in a particular investigation or the conduct of a particular source may, contrary to instruction, violate individual rights, intrude upon privileged communications, unlawfully inhibit the free association of individuals or the expression of ideas, or compromise in any way the investigation or subsequent prosecution; 2) The nature and seriousness of the matter under investigation, and the likelihood that information which a source could provide is not readily available through other sources or by more direct means; 3) The ability of the department to contro! the source's activities while he/she is acting on behalf of the agency and to ensure that his/her conduct will be consistent with applicable law and instructions; 4) The motivation of the source; 5) The potential value of the information a source may be able to furnish in return for the concession the government must make for his/her cooperation Personnel are not to make any promises, express or implied with regard to prosecutorial consideration without first obtaining the express approval of the Atlantic County Prosecutor or his/her designee. Particular attention should be given to avoid any unauthorized promises relative to witness relocation and personal protection; 30f176) If the proposed source is under 18 years of age, the risk and propriety of using an underage source must be heavily weighed against the seriousness of the matter under investigation. In such a circumstance, the express written consent of the parent or legal guardian must be obtained; 7) The source's state or federal parole or probation status (PTI included) must be considered. Consent is required from the Parole Board for parolees and the Court for probationers as applicable. All contact with the Court or Parole Board must be conducted by the Atlantic County Prosecutor's Office. Refer to PD- 00001-86 and the “Informant Utilization Form.” 8) Whether a source is currently under indictment and, if so, the nature and gravity of the offense; 9) Whether the source has been released on bail. If so, the nature and gravity of criminal arrests and convictions should be carefully considered; 10) Whether a source has a prior criminal record. If so, the nature and gravity of the criminal arrests and convictions should be carefully considered; 11) Whether a source is a fugitive from or an absent material witness to any criminal prosecution. Unless exigent circumstances so require, fugitives should not be used as sources. Arrangements should be made as soon as practicable for the imposition of bail. Thereafter, the source may be utilized in his non- fugitive status; 12) Whether the source is currently, or has in the past, assisted another agency; the reliability of the information; and the degree of cooperation he/she extended. The other agency should be contacted to ensure that no duplication of effort ‘occurs and to inquire into the source's past reliability and truthfulness. 13) If a potential Cl is deemed unusable or undesirable, the appropriate notations will be made in the confidential source file. 3. Establishing Confidential Source’s Reliability a. When acquiring information from a Cl regarding a particular incident(s), law enforcement shall establish and document the reliability of the source's information. This also applies where an affidavit relies on a source's tip Examples of questions to determine a CS's reliability, veracity and basis of knowledge are as follows: 1) How the source has been used in the past, or whether this is the first time the source is being used; 2) The nature and character of the previous investigations for which the source has been used (e.g,, narcotics, guns, stolen property, burglary); 3) How many times the information has proved to be true and accurate; 4of174) Whether the information led to the arrest of the target for which the ‘source supplied information; 5) Whether the information led to a search warrant for the person, place, or object for which the source supplied information; 6) Whether the subsequent prosecution led to a conviction or dismissal; and 7) A complete description of the source's personal observations, assuming such information would not reveal the CS's identity, documenting: a) What the source saw, heard, smelled, tasted, or touched; b) The length of time the source spent with the target-person, target-place or target-object; ©) Unique identifiers of the target person, place, or object (e.g., height, weight, scars, marks, tattoos, address, description of the place or object, license plate number); d) Precise location where the contraband is concealed, if applicable. 4. Verification of the Sources a. In all cases involving sources who are to receive monetary or other valuable compensation, or who are to receive some form of prosecutorial consideration, and in all cases involving persons with criminal records, it shall be the responsibility of the Egg Harbor City Police Department to assure that an appropriate background investigation of the source is conducted in order to determine whether the department will use or continue to use the source. This includes obtaining a complete criminal history, a photograph of the CS and all “other information” needed to successfully evaluate the individual. 5. Approval a. Detectivesiofficers of the Egg Harbor City Police Department shall contact the Atlantic County Prosecutor's Office County Intelligence Coordinator or designee to seek approval for the use of all confidential sources. The designated ACPO Assistant Prosecutor will review each source file and provide an approval or denial based on the information submitted. 6. Promise or Consideration a. The Egg Harbor City Police Department or its personnel shall not make any promise, expressed or implied, of any prosecutorial consideration to a source without the expressed approval of the Atlantic County Prosecutor or his/her designee. Particular attention should be given to avoid any unauthorized promise relative to witness relocation and personal protection. 5of 177. Financial Relationships with the Source a. A source shall be under a continuing obligation to fully disclose to the Egg Harbor City Police Department any financial relationship that exists with any employee of the department. Where an employee of the department has a financial relationship with a source and is aware of the use of that source by the department, said employee shall be under continuing obligation to fully disclose to the agency all details concerning that relationship. The department shall consider the details of any such financial relationship existing between a source and one of its employees in deciding whether to use or continue to use said source, and in deciding whether personnel of the department shall be authorized to deal directly with the source. 8. Personal History Data Report a. All CS's will receive a code number. A master index spreadsheet/file shall be maintained on each source. The Confidential Source files shall be kept in a secured area in a file cabinet capable of being locked. The Confidential Source files shall be inaccessible to staff excluding the confidential source manager and Chief of Police. b. The following information shall be maintained in the source's file: 1) Biographical and Background Information; 2) Criminal History Record (face-page only); 3) Code number of each source; 4) Signed working agreement form; 5) Current photograph; 6) Source payment records (identified by type of payment); a) relocation, b) intelligence, ©) purchase of evidence, d) housing/food e) travel/relocation 7) Sources activity report. 8) Driver's Abstract 9) A copy of the source's valid driver's license, registration and insurance, if the source has said documents. 6 of 179. The confidential source manager shall be the designated by the Chief of Police, and as such, shall maintain the source master index spreadsheetiile, assign code numbers to the individual source files and file payment and activity records as needed The source files will be secured in a locked file cabinet under the care of the confidential source manager. The confidential source manager will be responsible for updating the source file after receiving documents from detectives. a. Information received from sources should be documented on the “Request to Document an Informant’ form and/or “Contact and Activity Log.” Records of such information received shall be maintained in the sources’ file 10. Confidentiality must be maintained at all times. Sources’ assigned code numbers and not names are to be utilized in affidavits and reports. The source file shall be inspected periodically by the Chief of Police or his/her designee. Documents from the source file shall never be left unattended vulnerable to unauthorized viewing. 11. Access to view the source file will be limited by the confidential source manager and/or Chief of Police. Prior to any post-indictment discovery requirements, no information concerning a confidential source should be released outside the appropriate legal and investigative chain of command, except upon expressed written approval of the designated ACPO Assistant Prosecutor. 12. Disclosure of Source's Identity a. Law enforcement must be aware that involuntary disclosure of the identity of a confidential source may occur. Initially, the privilege afforded a law enforcement agent to refuse to disclose the identity of his source is clearly not absolute. Evidence Rule 516: If the “identity of the person furnishing the information has already been otherwise disclosed or disclosure of his/her identity is essential to assure a fair determination of the issue: lisclosure may be ordered. As such, and where feasible prior to the inception of an investigation, an evaluation of the likelihood of source identity disclosure should be made. A primary factor to consider in this assessment should be the degree of personal participation by the source in the criminal scheme. Less participation suggests less likelihood of mandated disclosure. 13. Confidential Source De-confliction and Identity Disambiguation a. To protect the integrity of the CS process, upon the initial registration of a potential CS with this department, the confidential source manager, will cross-reference the potential CS to ensure that the CS has not been previously registered, de-activated, denied or deemed undesirable by this department and the Atlantic County Prosecutor's Office. 70f171) De-confliction of CS's, outside of this department, takes place at the time of the affidavit and search warrant process, however, efforts are to be made by the detective registering the CS to determine that the CS is not registered as a source with another law enforcement entity by checking the record of the potential CS (if available) regarding the person's prior or current service as a CS, cooperating defendant/witness, or source of information; including but not limited to, any information regarding whether the person was denied or deemed undesirable or terminated for cause. b. To further the protect the integrity of the CS process, law enforcement officer's completing initial CS registration and the confidential source manager will ensure that identity of the potential CS is properly documented and not ambiguous. 14. Confidential Funds a. Confidential funds are those monies allocated to purchase services, evidence and specific information. These funds should only be allocated when the particular merits of an investigation warrant the expenditures of these funds. b. Under no circumstances shall any payments to a confidential source be contingent upon the conviction or punishment of any individual c. The payment of any monies to a confidential source shall be witnessed by at least two detectives/officers. At the time of the payment, the detective/officer shall advise the confidential source that the monies may be taxable income that must be reported to appropriate tax authorities. Thereatter, the detective/officer shall document the payment and the advice of taxability in the confidential source file. The documentation of payment shall specify whether the payment is for information, services, or expenses. d. Records of payment of monies shall be maintained so that they conform to generally accepted accounting procedures which allow for appropriate audit of expenditures while at the same time protecting the confidentiality of the source. The “Confidential Source Receipt” shall be used to record all such payments. 15. Confidential Source Management a. Documentation of Contacts with Sources and Contact Approval Process 1) All contacts with and/or activity undertaken by a confidential source under the direction and supervision of this department, shall be documented chronologically and across all applicable investigations and filed in the confidential source file. This includes but is not limited to telephone calls with confidential source, meetings with confidential sources, debriefings of confidential sources, consensual telephone calls/overhears made by confidential source, information gathering by confidential sources, and purchases of evidence 80f17by confidential sources This shall be documented on the “Confidential Source- Contact and Activity Log”, and a copy filed in the appropriate confidential source file. Forms shall be filed every thirty days with the confidential source manager to be placed in the CS file. i) The appropriate supervisor will be notified prior to all meetings/contacts with confidential sources, as well as the purpose of the meeting/contact. The supervisor will approve or deny the contact with the confidential source based on the circumstances presented by the detectivelofficer surrounding the scheduled meeting/contact. The results of the meeting/contact with a confidential source will also be reported to the supervisor. ii) Initial and subsequent contacts should be made with more than one member present. ili) The detective/officer should attempt to substantiate any information obtained from a confidential source through independent means. iv) Detectives/officers exercising control of a confidential source shall meet or otherwise deal with the source in an official capacity only. Detectives/officers shall not fratemnize socially with the source. v) Contact with a confidential source shall be made during the detective's/officer's on-duty working hours, whenever _ possible. Detectives/officers shall not provide the confidential source with the detective's home phone number, address or any other contact phone number, email, social media account or address not affiliated with the department without the approval of a supervisor. The only acceptable means by which a confidential source may contact a detectivelofficer during off-duty hours is by the detective's/officer’s department issued cell phone or by contacting the department. Any other method must be pre- approved by a supervisor. vi) Under no circumstances will a detective/officer meet with a confidential source while off-duty without prior supervisory approval. Should the detective's/officer’s supervisor not be available, the detective/officer shall contact the next higher authority. vii) In emergent circumstances, approval may be sought from the Chief of Police or his/her designee. In the event approval cannot be obtained, the detective/officer shall not meet with the confidential source until approval is received. If approval is received, the detectivelofficer shall notify the supervisor of the time and location of the meeting and the confidential source's code number. 90f17b. Personnel shall deal with sources very carefully, particularly those of a different gender or those who sexual preference may make an investigation more susceptible to compromise through alleged irregularities and so as to avoid any appearance of impropriety. ¢. Prohibited Transactions and Relationships (A detective/officer will not): 1) Exchange gifts with a confidential source; 2) Engage in any business or financial transactions with a confidential source except as authorized by this directive; or 3) Socialize with a confidential source except to the extent necessary and appropriate for operational reasons. 16. Required Instruction to Confidential Sources a. Whenever the activities of a source are to any extent under the direction or control of the Egg Harbor City Police Department, the handling detective/officer shall issue to the source the following instructions as well as instructions on the “Confidential Informer Advisement Form”: 1) The source has no police powers, is not an employee of the department, and has no authority to bind or commit the department in any manner; 2) The source is not authorized to initiate any action in the capacity of source without the prior knowledge and approval of the department; 3) The source is not authorized to initiate any plan to commit criminal acts, entice or implant in the mind of an otherwise innocent person the disposition to commit a criminal offense, or use any unlawful investigative techniques (e.g., breaking and entering, unlawful electronic surveillance, opening or otherwise tampering with mail; 4) The source is never to participate in any acts of violence and is not authorized to participate in criminal activities of persons under investigation, except insofar as the department determines that such participation is necessary and appropriate to obtain information needed for purposes of prosecution; 5) The source shall not disclose his/her activities or association with this department as an active or former source. b. the CS will be issued a form with said instructions stating that he/she understands and agrees to the terms of this department. 17. Violations by Source a. Under no circumstance shall the Egg Harbor City Police Department take any action to conceal the commission of a crime by one of its sources. 10 0f 17b. Whenever any employee of the department leams that a source used in investigating criminal activity has violated the instructions provided to the confidential source, the confidential source manager or Chief of Police shall be notified via a memorandum and the continuation of the source will be re-evaluated. c. Whenever the department has reliable information of the commission of a crime by a source, which is not connected to his/her assignment; the appropriate law enforcement authority shall be advised in order that enforcement action may be taken. In exceptional circumstances in which notification to the appropriate law enforcement authority for enforcement purposes would jeopardize an ongoing investigation or endanger the life of an officer or source, the compelling need for immediate disclosure may be re-evaluated. In such cases, the Chief of Police or his/her designee shall be immediately advised and full disclosure to the appropriate law enforcement authority shall be made as soon as the need for the restriction on dissemination is no longer necessary. The department shall preserve all evidence of the violation for possible future use by the appropriate prosecuting authority. Nothing herein shall prevent full and immediate disclosure to the appropriate law enforcement agency if, in the judgment of the Chief of Police or his/her designee, such action is necessary even though an investigation might thereby be jeopardized. d. In determining the extent of disclosure to the appropriate law enforcement and prosecutorial authorities of criminal activity by an agency confidential source, the Chief of Police shall consider the following factors: 1) The danger to any police agency or officer, 2) Whether the orime is completed, imminent or inchoate, 3) Seriousness of the crime in terms of danger of life and property, 4) Whether the crime is a violation of state or federal law, and the degree of the offense, 5) The degree of certainty of the information regarding the criminal activity, 6) Whether the appropriate authorities already know of the criminal activity and the source's identity; 7) The significance of the information the source is providing, or will provide, and the effect on the department's investigative activity if notification to the other law enforcement agency is made 8) In all cases involving allegations of misconduct, and/or prosecutorial review of perceived or documented misconduct, the appropriate documentation will be made in the individual CS's file. e. If the Egg Harbor City Police Department desires to continue making use of an source or defendant-source after it has reason to believe that he/she has committed a 41of17serious criminal offense, the department shall consult the Atlantic County Prosecutor's Office for a determination of whether continued use should be made of the individual by the department. f, Notwithstanding any provisions contained in this section, in the event a source is found to be unreliable or dangerous such that his/her continued use would be detrimental, his/her utilization by the department shall be terminated as soon as practicable 18. Written Cooperation Agreements — All plea agreements that are offered in exchange for a defendant's promise to provide future cooperation shall be in writing and shall set forth the reasonable expectations and obligations of both the defendant and the state in sufficient detail so that those expectations and agreed-upon responsibilities are clearly understood and can be reviewed upon request by the Division of Criminal Justice and enforced by a court, if necessary. In addition, the cooperation agreement must be approved by a designated ACPO Assistant Prosecutor who is authorized in writing by the County Prosecutor to approve such agreements, or in cases prosecuted by the Division of Criminal Justice, by a designated assistant or deputy attorney general authorized in writing by the Director of the Division of Criminal Justice to approve such agreements. Where the case involves a charge that carries a mandatory term of imprisonment and parole ineligibility that is subject to waiver pursuant to N.LSA, 2C:35-12, the cooperation agreement shall comply with the policies, criteria, and procedures established in Part X of the Attorney General Guidelines for Negotiating Cases Under N.J.S.A. 2C:35-12. See Section IV below for further details, Any cooperation agreement and arrangement with a juvenile shall also comply with the Attorney General's Law Enforcement Guidelines on the Use of Juveniles as Source, reprinted as § 3 of the New Jersey Law Enforcement Officers’ Reference Manual: Handling Juvenile Offenders or Juveniles Involved in a Family Crisis. 18. Breach of Conditional Agreements - In the event that the defendant violates the terms of a conditional plea agreement, the assigned Assistant Prosecutor shall determine whether the violation constitutes a material breach of the agreement in the context of all of the circumstances, including the extent of any partial performance by the defendant, either in testifying in other cases, providing information useful to the assistant prosecutor, or participating in rehabilitative activities pursuant to the agreement. In the event of a material breach, the assistant prosecutor may retract the waiver offer. The assistant prosecutor should be prepared at any resulting hearing to rebut any contention by defendant that he/she has a justifiable excuse or explanation entiting the defendant to specific performance of the waiver offer. IV. _ Brimage and Non-Brimage Cooperating Defendants A. Brimage cases are defined as those cases where defendants are charged with one or more of the following categories of crimes: 12 of 17Drug Free School Zone; Extended Term (repeat offender), Using a Juvenile in a Drug Distribution Scheme; Drug Production Facility; First Degree Distribution or Possession with Intent; and Leader of Narcotics Trafficking Network, where mandatory minimum period of parole ineligibility is specified by statute. The sentencing of Brimage cases is guided by the Attorney General's Brimage Policy, B. Non-Brimage cases are defined as any other type of offenses not outlined under the guidelines set forth by the Attorney General. C. The Attantic County Prosecutor's Office Intelligence Unit will coordinate the cooperation of defendants. This protocol will provide a centralized process, by which information developed regarding criminal activity in Atlantic County, will be collected, documented, utilized and disseminated to appropriate law enforcement personnel and agencies. Participation in the cooperating defendants protocol is subject to approval by the assigned Assistant Prosecutor. All post-indictment Brimage and Non-Brimage cooperating defendants will have interviews and debriefings coordinated by the Atlantic County Prosecutor's Office Intelligence Unit. Any information obtained from pre-indicted defendants will be maintained by the ACPO Intelligence Unit. The ACPO Intelligence Unit, with cooperation from the Egg Harbor City Police Department, will assure all information received through this process will be reported by completion of a report to include a case number, docket file number and/or indictment number. The information reported will include any/all information pertaining to criminal activity regarding all types of violations of N.J.S. 2 Code. Such reports shall reflect the confidentiality of the highly sensitive information. The report shall be completed timely to such interviews to assure transmission of the “fresh” information. The ACPO Intelligence Unit will assure the dissemination of any reported information to the appropriate personnel and any other law enforcement agency which may benefit from the intelligence information. D. Role of ACPO Assistant Prosecutor - All pre-indictment and post-indictment cases are assigned to an ACPO Assistant Prosecutor or Chief Assistant Prosecutor. The assigned Assistant Prosecutor must authorize a defendant to participate in the cooperating defendant's protocol. To assist in implementing this process, the assigned Assistant Prosecutor will send a memorandum to the Prosecutor's Office Intelligence and Homeland Security Unit when a defendant is willing to cooperate regarding consideration for his/her pending case(s). The defendant will have ten (10) working days from the date of signing a referral form to contact the Prosecutor's Office Intelligence Unit to be interviewed. Failure to do so will result in the defendant's proposed offer to cooperate being rejected. The proposed cooperation will be reviewed by the Prosecutor's Office Intelligence Unit in conjunction with the Egg Harbor City Police Department and the Guns, Gangs and Narcotics (GGN) Chief Assistant Prosecutor. The decision to enter into cooperating agreement will rest with GGN Chief Assistant Prosecutor, 1° Assistant or County Prosecutor. The Prosecutor's 13 of 17Office Intelligence Unit will coordinate all Brimage and Non-Brimage cooperation with the GGN CAP and personnel deemed appropriate by the GGN CAP. Cooperation agreements will be required on all cases and the GGN CAP, 1", Assistant or County Prosecutor are authorized to approve the cooperation agreements. If a defendant is rejected for cooperation, the GGN CAP will document the reason for the rejection in the file and return all case file(s) to the assigned ACPO Assistant Prosecutor. The Intelligence Unit will advise the appropriate personnel. E. Reporting Status of Cooperation - Every thirty (30) days the ACPO Intelligence Unit will review the status of the cooperating defendant. A follow-up report detailing all cooperation to date must be completed by the Egg Harbor City Police Department and forwarded to the ACPO Intelligence Unit. This report will allow the GGN CAP and/or assigned Assistant Prosecutor to be kept up to date in order to request any continuance on sentencing deemed necessary. Defendants on probation, PTI and parole, require a weekly status report to the CAP of the Guns, Gangs and Narcotics (GN). If a cooperation agreement is enacted with an individual on probation, PTI or parole, by an agency other than the ACPO, the CAP of GGN will coordinate the “reporting status of cooperation” with that department. Note: This function maybe coordinated through the ACPO Intelligence Unit deemed appropriate by the GGN CAP. F. Law Enforcement Personnel — Law Enforcement Personnel are authorized to conduct interviews of pre-indicted defendants who wish to provide information. The utilization of these individuals as a confidential source will require compliance with this directive. Information obtained from a cooperating defendant shall be recorded in a report. The report will be prepared contemporaneously to the information being received The report will be forwarded to the ACPO Intelligence Unit. Such debriefing interviews will include any intelligence concerning all criminal activity. This directive is intended to expedite the process regarding cooperating defendants and the successful closure of the criminal case(s). V. Juvenile Sources A. Special precautions must be taken when the Confidential Source is a juvenile. Use of a juvenile as a source requires the approval of the County Prosecutor. The requirements of using a juvenile source shall be defined below: See “Juveni Advisement Form” and “Juvenile Informant Agreement, Liability Waiver Form & Parent or Guardian's Consent”, if the juvenile is to be used in an education facility. In all cases, the “Request to Document an Informant’ form is to be utilized. 1. Age of Juvenile Source - A “juvenile” is an individual under the age of 18 years who has not been declared to be emancipated by a court with appropriate jurisdiction. In most circumstances, juveniles under the age of 16 should not be used as a source. However, in some circumstances, the use of a younger juvenile may be necessary, such as where illegal activity is occurring regularly among a group of juveniles under the 14 of 17age of 16. Under no circumstances shall a juvenile under the age of 12 be used as a juvenile source. 2. Involvement in Treatment - Personnel shall not recruit juvenile sources who are Participating in alcohol or substance abuse treatment or counseling programs at the time they are recruited. 3. Mental Health - Personnel shall not use juveniles who have a history of treatment for mental illness or suicide attempts. 4, Physical Health - Personnel shall not utilize juvenile sources who are taking medication that increases the danger to the juvenile of acting as a source. 5. Background Check - Personnel shall conduct a thorough background check for each juvenile before using the juvenile as a source. The background check shall include an interview with a parent or legal guardian and shall determine whether the juvenile meets the requirements set forth. This requirement may be waived with the approval of the County Prosecutor or his/her designee in circumstances where the parent(s) or guardian(s) are involved in the criminal activity described by the juvenile. 6. Consent Required - The written consent of both the juvenile and a parent or legal guardian must be obtained before using a juvenile source.; The agreement includes a juvenile source advisement, (liability waiver included in this form) and a parent or guardian's consent. 1 This requirement may be waived with the approval of the County Prosecutor or his/her designee in circumstances where the parent(s) or guardian(s) are involved in the criminal activity described by the juvenile. a) A parent or legal guardian must be afforded the opportunity to discuss the matter with a juvenile before seeking the juvenile's written consent, b) No personnel shall make any promise or offer regarding prosecutorial considerations for any offense with which a parent or guardian may be charged, to obtain a parent or guardian's consent to the use of the juvenile as a source. 7. Limitations on Use of Juvenile Sources a) Entrapment - Juvenile sources shall not encourage or counsel juveniles or adults to purchase or use alcoholic beverages or any controlled dangerous substance; b) Confidentiality of Treatment Records - Federal regulations and State policies concerning the confidentiality of treatment and substance abuse counseling program records and information will be respected. No law enforcement activity will be permitted in any way to interfere with, intrude upon or in any way compromise a trust relationship with any patient; 15 of 17c) Treatment - Juvenile sources shall not discourage others from seeking drug or alcohol abuse treatment or counseling, or from reporting his or her alcohol or substance abuse problem or dependency; d) Preservation of Teacher Trust Relationships - No juvenile source will engage in any activity or conversation that would require any teacher or school official to violate or compromise a trust relationship with any student; €) Use and Distribution Prohibition - No juvenile source will ingest or inhale (other than passive inhalation) any controlled dangerous substance, nor will any juvenile source be permitted to distribute or dispense any controlled dangerous substance; f) Firearms - No law enforcement officer shall knowingly permit a juvenile source to possess, purchase, sell or otherwise transfer a firearm; 9) Potentially Violent Confrontations - It is understood that drug trafficking activities are inherently dangerous. However, no law enforcement officer shall use a juvenile source to purchase a controlled dangerous substance in circumstances where it is known that the target of the investigation has a history of violence; h) Familiarizing Juvenile Sources with other Offenders - While the use of juvenile sources may be necessary in some circumstances, law enforcement officers should be mindful of the welfare of the juvenile source. Personnel should avoid introducing the juvenile to offenders or conduct, which might immerse the juvenile more deeply in a criminal or delinquent culture; i) Operations on School Property - If the juvenile source is to be used to gather information, or purchase contraband, on school property, the school building principal and the local superintendent will be consulted unless there are compelling reasons not to consult with either of these officials. The Atlantic County Prosecutor's Office requires the utilization of the “Juver Informant Agreement, Liability Waiver Form & Parent or Guardian's Consent” form in addition to a standard “Request to Document and Informant” form. The Atlantic County Prosecutor's Office will advise the building principal and the local superintendent of the nature of the proposed operation and will; to the extent possible, explain the reasons why the operation is necessary and appropriate, This explanation should include a description of the suspected illegal activities occurring within the schoo! environment which justify the operation. However, personnel will not disclose any information received in confidence, whether from a source or otherwise, which would violate the law or court rules 16 of 17governing the disclosure of grand jury information or information derived from electronic surveillance. All law enforcement operations taking place on school property shall also comply with the requirements of the State Model Agreement between Education and Law Enforcement Officials. 17 0f 17EXHIBIT “C”EGG HARBOR CITY POLICE DEPARTMENT REQUEST TO DOCUMENT AN INFORMANT All criminal informants being utilized by personnel of the Egg Harbor City Police Department must be approved by a Chief Assistant Prosecutor of the Atlantic County Prosecutor's Office. Name: Address: Age: Dos: ss# Phone Number/Cell Phone Number: 1. Motivation to Cooperate: (Pending charges, money, etc. if there are pending charges, include case number, indictment number and prosecuting attorney.) 2.1s the informant on Probation ot Parole? (If so, refer to ACPO PD-00001-86 & related forms) 3.What agreement has been made with the informant for his cooperation? NOTE: An Officer or Detective is not Permitted to offer a plea bargain. 4. What is the Criminal History of the informant? (If a criminal history is attached, make sure that it includes disposition for each arrest.) Requesting Officer: Supervisory Approval: Prosecutorial Approval: REFER TO PAGE 2 FOR NARRATIVE/SUPPORTING DOCUMENTATION Note: If request to utilize an informant is obtained, C.1. Advisement Adult, C.I. Advisement Juvenile or (C.L Advisement Juvenile School) must be completed.EGG HARBOR CITY POLICE DEPARTMENT REQUEST TO DOCUMENT AN INFORMANTEXHIBIT “D”Egg Harbor City Police Department CONFIDENTIAL SOURCE - CONTACT AND ACTIVITY LOG 1) Use separate log forms for each active confidential source 2), Log all contact and activity for the confidential source chronologically and across all applicable cases 3) Forms can be handwritten (legibly) 4) Forms ore to be submitted every 30 days to the custodian of the confidential source files 7 Confidential Source #: | | Detective: __ Date &Time | Case # (if Applicable): ‘Summary of Contact and/or Activity: June 25, 2015EXHIBIT “E”ACPO FM.00791-14 * CONFIDENTIAL - NOT FOR DISCLOSURE * INFORMANT UTILIZATION FORM 1. INFORMANT'S NAME: SEX: AGE: (2. REQUESTING OFFICER: RANK: Se ee ee Sear PROBATION rar NATURE OF OFFENSE: ruDce oR COURT: cae SeRATON —— 4. FACTS OF INVESTIGATION, PROPOSED UTILIZATION, BACKGROUND OF INFORMANT: 5, PRELIMINARY REJECTION: 6. COURT / BOARD APPROVAL OR DENIAL: APPROVED: DENIED: sUDGE: DATE: MEMBER: DATE: CONDITIONS OR REASONS: 7. OFFICER NOTIFIED: DATE: 8. COURT / BOARD NOTIFIED OF TERMINATION: JupGE: DATE: MEMBER: DATE: DATE: ASSISTANT PROSECUTOREXHIBIT “F”EGG HARBOR CITY POLICE DEPARTMENT Confidential Informer Advisement Form C.l. Number Name Date AGENCY 1) Doyou understand that you are not an employee of this with Department and you are nor to use the agency as a reference? Yes No 2) — Doyou understand that you are not a Police Officer? Yes No 3) Do you understand that you are not privileged to break any laws during the course of your association with this Department? Yes No 4) Doyou understand that re not to disclose your association with this Department unless authorized to do so by a Judge in Court? Yes No 5) Do you understand that you are not to carry any documents or equipment that relates to the law enforcement field and particularly this Department? Yes No 6) Doyou understand that you are not to use your affiliation with this Department to resolve personal matters? Yes No 7) Do you understand that you are not to effect any physical arrests for law violation during your association with this Department? Yes No 8) Do you understand that you are not to initiate any action on behalf of this Agency without the prior approval of this Department? Yes No CONDUCT 9) Do you understand the law as it relates to entrapment; i.e. the implantation in the mind of an otherwise innocent person by a law enforcement agent, the disposition to commit an offense? Yes No 10) Do you understand that you are never to use force or threaten an individual in order to influence that individual to furnish contraband? Yes No11) Do you understand that you are never to furnish any contraband to any individual? Yes No 12) Do you understand you are not to purchase contraband from anyone that you cannot identify? Yes No 13) Do you understand that you are not to release any funds entrusted to you until you have first received the contraband for which you are negotiating? Yes No 14) Do you understand that you are not handle any contraband at any time, unless specifically authorized to do so by a member of this Department? Yes No AGREEMENT* 15) Do you understand that you are expected to uncover crime of a more serious proportion that for which you were arrested? Yes No 16) Do you understand that police officers and detectives do not make promises or representations, expressed or implied, to you regarding your pending criminal proceedings; that whatever arrests are made as a result of your cooperation will me made known to the Court at time of sentencing? Yes No * This section does not apply to those informants working for monetary compensation. understand what my Constitutional Rights are and am willing to work for this DEPARTMENT as an Informant. No promises or threats have been made and no pressure or coercion of any kind has been used against me. Date Witness, Witness Signature __EXHIBIT “G”EGG HARBOR CITY POLICE DEPARTMENT Juvenile Informant Agreement, Liability Waiver Form & Parent or Guardian's Consent hereby agree to assist the in the investigation of criminal violations. My birthdate is 10. " |.understand that, as used in this agreement, “crimes” means any crimes or delinquent offense. | understand that | am not allowed to investigate crimes on my own without supervision by an officer of this Department. | agree to do what my supervising officer tells me to do, while | am helping in an investigation. | agree not to break any laws or commit any crimes while working as an informant. | understand that if | commit new crimes while working as an informant | can be arrested for those crimes. | will only be involved in criminal activity if an officer asks me to participate in the criminal or delinquent activities of persons under investigation. | will not carry or possess any weapon or firearm while working as an informant. | will not participate in any acts of violence while working as an informant. \ will not drive a motor vehicle without a valid driver's license while working as an informant. | will not use or distribute any drugs while working as an informant. | will not handle any drugs unless specifically asked to do so by an officer. | will not try to talk other people out of seeking drug or alcohol abuse treatment or counseling. | will not try to keep anyone from reporting his or her alcohol or drug abuse problems. | will not try to trick any teacher or school official into telling me about another student's drug or alcohol problem.12. 13, 14, 15, 16. 17. 18, 19. 20. 24. 22. 23. 24. 25. lam not participating in any alcohol or drug abuse treatment or counseling programs at this time. | have never been treated for mental illness. I have never tried to commit suicide. |understand that ! am not a police officer. | agree that | will not claim to be a police officer at any time Iwill not use my sex or sexual activity to get any person to commit any crime. | will not try to get a person to commit any crime that they would not be ready, willing and able to commit on their own. | will keep in contact with my supervising officer. | will tel him or her where | am and how I can be contacted, until | stop helping in the investigation. | understand that under normal circumstances my name will not be used in any investigation reports, and that | will not be required to testify in Court on this matter. | will tell my attorney that | am working as an informant with this Department. | understand that my assistance to the department in criminal investigations is for consideration for my pending charges. understand that any reduction in my pending charges by the Atlantic County Prosecutor's Office is based on the recommendation of my ‘supervising officer and the Assistant Prosecutor who will be handling the case. If this agreement is part of a plea agreement, the plea agreement shall include a range of possible considerations | may receive on my pending charges, depending on the value of my cooperation. | hereby release and hold harmless the Egg Harbor City Police Department and the Atlantic County Prosecutor's Office and their officers and employees from any liability arising from injury which I may suffer or sustain in the future as a result of these investigations. I understand that this means | will not be able to sue for damages in court if | am injured as a result of these investigations. Ihave entered into this agreement freely and voluntarily and without duress. No one forced me to sign this agreement. Ihave discussed this agreement with my parent or guardian.Informant’s Signature, Date, Officer's Signature. Date. Witnessing Officer's Signature Date, Parent/Guardian Date,EXHIBIT “H”ATLANTIC COUNTY PROSECUTOR’S OFFICE PROSECUTOR'S DIRECTIVE PD-00001-86 Utilization of Informants Presently on Probation or Parole Supervision BY ORDER OF: — James P. McClain, Atlantic County Prosecutor DISTRIBUTION: Detective Division (Sworn) All Municipal, State and County Law Enforcement Agencies ISSUE DATE: December 17, 2014 Revision History: 1204/14 [Reformatted, AG Directive Dated 11/26/14 & Informant Utilization Form added] 0302/00 [Revised] 1986 [Created Prosecutor's Directive 1-86 last updated March 2, 2000, concerning the utilization of informants presently under probation or parole supervision, is being updated ‘On February 7, 1986, the Atlantic County Prosecutor's Office issued Prosecutor's Directive No. 1-86 establishing the procedures to be utilized by all law enforcement agencies in Atlantic County regarding the utilization of informants who are under probation or parole supervision. The procedure that was established in this County in 1986 was adopted on a statewide basis. In that regard, if any municipal, county or state law enforcement agency desires to utilize an informant in an undercover capacity or to “proactively support a law enforcement investigation” who is presently being supervised by the Atlantic County Probation Office, contact must first be made to the Chief Assistant Prosecutor of the Gangs, Guns and Narcotics Task Force at Atlantic County Prosecutor's Office to request approval to utilize the Informant. See ACPO FM-00791-14, Informant Utilization Form. This agency will make the initial determination as to whether the Atlantic County Prosecutor's Office should apply to the Presiding Judge of the Criminal Division supervising the informant, for an Order authorizing the use of that informant. Ifwe concur, the Chief Assistant Prosecutor of the Gangs, Guns and Narcotics Task Force will make application to the Presiding Judge for an Ex Parte Order altering the initial terms of probation to permit the utilization of the probationer in an undercover capacity. If the Presiding Judge approves our application, you may utilize the probationer. On a weekly basis, the law enforcement agency utilizing the probationer will provide a status report to Gangs, Guns and Narcotics Task Force Chief Assistant Prosecutor. NISACOP #N/A Lof2 ‘ACPO PD-00001-86At the conclusion of the specific undercover operation, the Court will be notified so that the Court Order authorizing the use of the informant may be rescinded Note: Individuals on Pre-Trial Intervention are included as “Probationers” since these individuals are being supervised by the Court. In those instances, where the law enforcement agency desires to use an informant in an undercover capacity or to “proactively support a law enforcement investigation” who is being supervised by the New Jersey State Parole Board, the same notification procedures referred to above must be followed. After this office receives the request to utilize the parole informant, we will request consent from the Chairman of the New Jersey State Parole Board to permit utilization of that informant for a specific period of time. "Proactively support a law enforcement investigation" means to commit any act or engage in any course of conduct at the express request of a law enforcement officer or agency where that act or course of conduct 1) would constitute a criminal offense, or an attempt or conspiracy to commit a criminal offense, if committed or engaged in by a person not expressly authorized by a law enforcement officer or agency to commit that act or engage in that course of conduct, or 2) would constitute a violation of a term or condition of probation. Examples of proactive support of a law enforcement investigation include but are not limited to purchasing illicit drugs to be turned over to a law enforcement officer or agency (i.e., a "controlled buy"), or wearing an electronic surveillance device supplied by a law enforcement officer or agency during a meeting or conversation with a subject or target of an investigation. The term does not include providing information to law enforcement authorities about past, ongoing, or future criminal acts committed by others provided that the officer or agency has not used, instructed, encouraged, or authorized a probationer to violate any term or condition of probation, including the requirement to refrain from associating with specified persons or persons involved in criminal activity. Nor does the term include testifying as a cooperating witness. Please advise all personnel within your department of the above mentioned requirements for the utilization of an informant who is under probation or parole supervision, Note: This prosecutorial directive expands the Attorney General by including Law Enforcement's use of parolees as informants. ctive on the subject Appendix AX-00789-14 Attorney General Directive Requiring Prosecutorial and Judicial Approval of the Proactive Use of Probationers to Conduct Law Enforcement Investigations dated 11/26/14, FM-00791-14 ACPO Informant Utilization Form NISACOP #N/A 2of2 ‘ACPO PD-00001-86EXHIBIT “I”EGG HARBOR CITY POLICE DEPARTMENT RECEIPT | certify that | have received payment in the amount of $. Signature of Recipient Date Time Voucher #: Case #: Confidential Source # Payor: Witness: Superior Officer in Charge:EXHIBIT “J”EGG HARBOR CITY Directive | Effective Date: Applicability: | No. of POLICE DEPARTMENT | Number Pages GENERAL ORDER GO 2015-02 | November 16, 2015 | All Employees 8 Subject: INTERNET/COMPUTER USE & COMMUNICATIONS POLICY Source Document/Authority [1116/15 Number(s) Date of Issue Supersedes Order Issued By: Special Instructions: The Written Directives developed by the Egg Harbor City Police Department are for internal use only, and do enlarge an officer's civil or criminal tiabilty in any way. They should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims, Violations of Written Directives can only be the basis of a complaint by this department, and then only in an administrative disciplinary setting, Revision History Date Page/Section | Approved By Date Page/Section Approved By [Signature of issuing Authority Chief of PoliceEgg Harbor City Police Department Intemet/Computer Use and Communications Policy 1 Policy Itis the policy of the Egg Harbor City Police Department that police department computer systems and “other computer systems’ utilized by the Egg Harbor City Police Department are utilized in an effective, efficient, ethical and lawful manner. I Purpose This directive outlines guidelines for use of the computing systems and facilities located at or operated by Egg Harbor City Police Department. The definition of Egg Harbor City Police Department's *Systems’ will include any computers, servers, mobile computers, smart phones, electronic tablets, access to the internet or network provided or supported by the City of Egg Harbor and/or any other ‘computer systems” utilized by the Egg Harbor City Police Department. Ill Acceptable Use Statement A. Use of the computer services includes the use of any data/programs stored on Egg Harbor City Police Department or any other system utilized by the Egg Harbor City Police Department including but not limited to computing systems, data/programs stored on magnetic tape, floppy disk, CD ROM or other storage media that is owned and maintained by the Egg Harbor City Police Department or other systems utilized by the Egg Harbor City Police Department. The “user of the system is the employee requesting an account (or accounts) in order to perform work in support of the Egg Harbor City Police Department. The purpose of these guidelines is to ensure that all Egg Harbor City Police Department users (users, volunteers, support personnel and management) use all computing services in an effective, efficient, ethical and lawful manner. B. Egg Harbor City Police Department accounts are to be used only for the purpose for which they are authorized and are not to be used for non-City of Egg Harbor related activities. Unauthorized use of Egg Harbor City Police Department account/system constitutes theft and is punishable by law. Therefore, unauthorized use of City of Egg Harbor computing systems or “other systems’ utilized by the Egg Harbor City Police Department may constitute grounds for either civil or criminal prosecution, as well as progressive discipline. C. In the text below, "users" refers to users of the all Egg Harbor City Police Department computing systems. Further “computer systems" refer to all computer systems used by Egg Harbor City Police Department employees regardless of where the computer systems are stored, owned operated by the Egg Harbor City Police Department, Egg Harbor City Government or “other” provider. 1. Users are responsible for protecting any information used and/or stored onvin their Egg Harbor City Police Department accounts/computers.Eag Harbor City Police Department Internet/Computer Use and Communications Policy 2, Users are requested to report any weaknesses in any computer security, any incidents of possible misuse or violation of this agreement to the proper authorities by contacting a superior officer. 3. Users shalll not attempt to access any data or programs contained on any computer system for which they do not have authorization or explicit consent of the owner of the data/program. 4. Users shall not divulge any confidential information related to any computer system. 5. Users shall not make unauthorized copies of copyrighted software, except as permitted by law or by the owner of the copyright. 6. Users shall not make copies of system configuration files for their own, unauthorized personal use or to provide to other people/users for unauthorized uses. 7. Users shall not purposely engage in activity with the intent to: harass other users; degrade the performance of systems; deprive an authorized user access to a computer system resource; obtain extra resources, beyond those allocated; circumvent any computer system, or gain access to a computer system for which proper authorization has not been given. 8. Electronic communication facilities (such as Email) are for authorized government use only. 9. Fraudulent, harassing or obscene messages and/or materials shall not be sent from, to or stored on computer system utilized by an Egg Harbor City Police Department employee. 10. Users shall not download, install or run security programs or utilities that reveal weaknesses in the security of a system. For example, users shall not run password cracking programs on any computing systems. 11. Users of the computing systems shall not install any software that is not authorized by any of the Computer Network Administrators. This includes, but is not limited to Instant Messaging, Productivity, Shareware, Freeware, Internet Access and Warez programs. 12. Any noncompliance with these requirements will constitute a security violation and will be reported to the management of the computer systems and will result in appropriate discipline up to and including dismissal. Serious violations may result in civil or criminal prosecution.Egg Harbor City Police Department Internet/Computer Use and Communications Policy IV. Communications Media 1. The City of Egg Harbor Police Department's Communication Media are the property of the City (Egg Harbor City) and, as such, are to be used for legitimate business purposes only. For purposes of this Communication Media Policy, "Communication Media" includes all electronic media forms provided by the City, such as cell phones, smart phones, computers, electronic tablets, access to the internet, voicemail, email, and fax. 2. All data stored on and/or transmitted through Communication Media is the property of the City. For purposes of this policy, "Data" includes “electronically-stored files, programs, tables, data bases, audio and video objects, spreadsheets, reports and printed or microfiche materials which serve City business purpose, regardless of who creates, processes or maintains the data, or whether the data is processed manually or through any of the City's mainframe, midrange or workstations; servers, routers, gateways, bridges, hubs, switches and other hardware components of the City, local or wide-area networks or other computer systems utilized by the Egg Harbor City Police Department" 3. The Egg Harbor City Police Department respects the individual privacy of its employees. However, communications transmitted by the City’s Communication Media are not private to the individual. All Communication Media and all communications and stored information transmitted, received, or contained in or through such media may be monitored by the City of Eqq Harbor or by the Administrators of any ‘shared computer systems." The City reserves the absolute right to access, review, audit and disclose all matters entered into, sent over, placed in storage in the City’s Communication Media, By using the City's equipment and/or Communication Media, employees consent to have such use monitored at any time, with or without notice, by City and “other computer systems” administrative personnel, The existence of passwords does not restrict or eliminate the ability or right to access electronic communications. However, the City cannot require the employee to provide the password to his/her personal account. 4. All email, voicemail and Internet messages (including any technology-based messaging) are official documents subject to the provisions of the Open Public Records Act (NJSA 47: IA-1) unless otherwise specified. 5. Employees of the Egg Harbor City Police Department are required to use the assigned municipal email account for ALL city business and correspondence, The use of private email accounts for ANY business or during business hours is strictly prohibited and must be approved by a police department commander prior to use. 6. Employees of the Egg Harbor City Police Department can only use the City's Communication Media for legitimate business purposesEgg Harbor City Police Department Intemet/Computer Use and Communications Policy Employees may not use the City’s Communication Media in any way that is defamatory, obscene, or harassing or in violation of any City rules or policy. Examples of forbidden transmissions or downloads include sexually-explicit messages; unwelcome propositions; ethnic or racial slurs; or any other message that can be construed to be harassment or disparaging to others based on their actual or perceived age, race, religion, sex, sexual orientation, gender identity or expression, genetic. information, disability, national origin, ethnicity, citizenship, marital status or any other legally recognized protected basis under federal, state or local laws, regulations or ordinances. 7. All employees who have been granted access to electronically-stored data, must use a logon ID assigned by the City. Certain data, or applications that process data, may require additional security measures as determined by the employer. Employees must not share their passwords; and each employee is responsible for all activity that occurs in connection with their password. 8. All employees may access only data for which the City has given permission. All employees must take appropriate actions to ensure that employer's data is protected from unauthorized access, use or distribution consistent with these policies. Employees may not access or retrieve any information technology resource and store information other than where authorized. 9. Employees must not disable anti-virus and other implemented security software for any reason, in order to minimize the risk of introducing computer viruses into the city's computing environment or any computer system utilized by the employer. 10. Employees may not install or modify ANY hardware device, software application, program code, either active or passive, or a portion thereof, without the express written permission from the city or Administrator of any computer system utilized by the Egg Harbor City Police Department. Employees may not upload, download, or otherwise transmit commercial software or any copyrighted materials belonging to parties outside of the city, or licensed to the city. Employees shall observe the copyright and licensing restrictions of all software applications and shall not copy software from internal or external sources unless legally authorized. 11. The City of Egg Harbor encourages employees to share information with co-workers and with those outside the city for purposes of gathering information, generating new ideas and learning from the work of others to the extent such sharing is permitted by the city. Social media provide inexpensive, informal and timely ways to participate in an exchange of ideas and information. However, information posted on a website is available to the public; therefore, employees must adhere to the following guidelines for their participation in social media. Employees may engage in social media activity during work time through the use of the City communication media, provided that it is directly related to their work and it is in compliance with this policy.Egg Harbor City Police Department Intemet/Computer Use and Communications Policy 12. Employees must not reveal or publicize confidential City information. Confidential proprietary or sensitive information may be disseminated only to individuals with a need and a right to know, and where there is sufficient assurance that appropriate security of such information will be maintained. Such information includes, but is not limited to the ‘transmittal of personnel information such as medical records or related information. In law enforcement operations, confidential, proprietary or sensitive information also includes criminal history information, confidential informant identification, and intelligence and tactical operational files. 13. Employees are prohibited from releasing or disclosing any photographs, pictures, digital images of any crime scenes, traffic crashes, arrestees, detainees, people or job related incident or occurrence taken with the City's Communication Media to any person, entity, business or media or Internet outlet whether on or off duty without the ‘express written permission of Department Supervisor. Except in "emergency situations," employees, volunteers and appointed/elected officials are prohibited from taking digital images or photographs with media equipment not owned by the City. For purposes of this section, an "emergency situation" involves a sudden and unforeseen combination of circumstances or the resulting state that calls for immediate action, assistance or relief, and may include accidents, crimes and flights from accidents or crimes and the employee does not have access to the City’s Communication Media. If such situation occurs, the employee agrees that any images belong to the Egg Harbor City Police Department and agrees to release the image to the police department and ensure its permanent deletion from media device upon direction from the City. 14. No media advertisement, electronic bulletin board posting, or any other posting accessible via the Internet about the City of Egg Harbor or on behalf of the City , whether through the use of the City's Communication Media or otherwise, may be issued unless it has first been approved by a police department commander. Under no circumstances may information of a confidential, sensitive or otherwise proprietary nature be placed or posted on the Internet or otherwise disclosed to anyone outside the Egg Harbor City Police Department. 18. Because (authorized) postings placed on the Internet through use of the Egg Harbor City Police Department's Communication Media will display on the City's return address, any information posted on the Internet must reflect and adhere to all of the City’s standards and policies. 16. All users are personally accountable for messages that they originate or forward using the City's Communication Media. Misrepresenting, obscuring, suppressing, or replacing a user's identity on any Communication Media is prohibited. "Spoofing" is prohibited.Egg Harbor City Police Department Intemet/Computer Use and Communications Policy 17. Employees must respect the laws regarding copyrights, trademarks, rights of the Public, Egg Harbor City and other third-party rights. Any use of the City's name, logos, service marks or trademarks outside the course of the employee's employment, volunteer service or term of appointmentioffice without the express consent of the City of Egg Harbor, is strictly prohibited. To minimize the risk of copyright violation, employees should provide references to the source(s) of information used and cite copyrighted works identified in online communications. 18. To the extent that employees use social media outside of their employment, Egg Harbor City Police Department employees that choose to identify themselves as Egg Harbor City employees, or if they discuss matters related to the City on a social media sites, employees must add a disclaimer with their posts, stating that it does not express the views of the police department and/or City, and the employee is expressing only their personal views as a citizen. For example: "The views expressed on this websitehveb log are mine alone and do not necessarily reflect the views of my employer." The disclaimer must be placed in a prominent position and repeat it for each posting that is expressing an opinion. Employees must keep in mind that, if they post information on a social media site that is in violation of Egg Harbor City Police Department's policy, federal, state or local laws, or speech that impairs the working relationship of the Egg Harbor City Police Department for which loyalty and confidentiality are important or impedes the performance of duties, impairs discipline and harmony among coworkers or negatively affects the public perception of the department, the above mentioned disclaimer will not shield them from disciplinary action For safety and security reasons, department personnel are cautioned that itis not in their best interest to disclose their employment with the Egg Harbor City Police Department and it is prohibited to post information (photos, likeness, personal information, etc.) pertaining to another member of this agency without their permission. The posting of personal photographs that may cause an officer to be identified could impact an officer currently working undercover or reasonably expected to work in undercover operations. When using social media, department personnel should be mindful that their posting(s) on social media becomes part of the worldwide web electronic domain and adherence to the agency's code of conduct and overall ‘commonsense is required in the personal use of social media. 19. Nothing in this policy is designed to interfere with, restrain or prevent employee communications regarding wages, hours or other terms and conditions of employment allowed within the law. Egg Harbor City Police Department employees have the right to engage in or refrain from such activities, V. PERSONAL TELEPHONE CALLS AND TEXTS A. Egg Harbor City Police Department telephones are to be used for city business and may be used for personal business on a limited basis only. 6Egg Harbor City Police Department Internet/Computer Use and Communications Policy B. Personal telephone calls received during business hours must be held to both a ‘minimum number and time limit and must not interfere with the employee's work, including telephone calls and texts on the employee's own cell phone, C. When a personal toll call must be placed, unless otherwise approved by an agency Supervisor, the call is to be billed to the employee's home number or placed collect. It is the employee's responsibility to ensure that no cost to the City results from their Personal telephone calls. Violation of this policy will result in cost reimbursement to the City and may subject the employee to disciplinary action. VI. Electronic Social Networking A. While employees have a right to maintain personal web pages and websites, their status as members of the Egg Harbor City Police Department requires that the content of those web pages and websites not be in violation of existing agency rules, regulations, policy, procedures, or directives. Employee relationships on social Networking sites should not be such that a reasonable person could infer a special relationship between the employee and another before whom the employee may appear as a witness or advocate. 1. Personal web pages or websites include, but are not limited to Facebook®, MySpace®, YouTube®, Twitter®, other social networking sites, etc. 2. Employees have the potential to be called as a witness in court proceedings related to their employment as a member of this department. Credibility and character are Subject to challenge and potential impeachment based upon the nature of postings on personal web pages, websites and other electronic social networking sites from any time, past or present. 4. Employees shall be cognizant of the potential adverse consequences that internet Postings may have on their credibility during cross-examination in court. Employees should also be cognizant that internet postings may affect future employment, current and future assignments and result in embarrassment in the media. 5. Conduct both on and off duty is subject to the rules and regulations of this agency. Any activity that brings discredit to the Egg Harbor City Police Department and of an employee's status as an employee of this agency is prohibited. 6. Employees shall not express personal opinion as official agency policy or position. 7. Any item, object, material, or account that could be used or misconstrued as official agency sanctioned property or position shall not be used or depicted on any personal Internet posting without the express written permission of the Chief of Police.Egg Harbor City Police Department Internet/Computer Use and Communications Policy a. These items, objects or materials include, but are not limited to, photographs, images, reproductions or other depictions of agency badges, patches, logos, uniforms, equipment, weapons, marked or unmarked units, reports, evidence, crime or crash scenes, etc. b. Intemet posting also includes accounts of agency activity or investigations (criminal, civil or administrative) on Twitter® or similar electronic networking site. 8. No employee shalll list a person as a “friend” or relation who is a defendant in any investigation or who has encountered the employee in an investigatory setting, 8. Any employee seeking approval to use any item, object, or material described above on a personal webpage or site shall: a. Submit a written request for approval to the Chief of Police through the appropriate chain of command. b. Describe the proposed reference to the agency and purpose. ©. Provide a list of media to be used on the web page. 4. Provide a printed layout of the material that is the subject of the request. &. The Chief of Police will, in writing, approve or deny the request based upon the merits of the request and its compliance with existing agency policy or directives,EXHIBIT “K”"EGG HARBOR CITY Directive Effective Date: | Applicability: | No. of POLICE DEPARTMENT | Number Pages GENERAL ORDER GO 2015-01 | November 16, 2015 | Sworn 4 Employees | ‘Subject: MOBILE DATA TERMINAL POLICY ‘Source Document/Authority Date of Issue T1N6NS ‘Supersedes Order Number(s) Issued By: "| Special Instructions: | | The Written Directives developed by the Egg Harbor City Police Department are for internal | use only, and do enlarge an officer's civil or criminal liability in any way. They should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of Written Directives can only be the basis of a complaint by this department, and then only in an administrative disciplinary setting, Revision History Date Page/Section | Approved By | Date Page/Sectio | Approved a By | Signature of Issuing Authoritygg Harbor City Police Department ‘Mobile Data terminal Policy 1 Policy Mobile data terminals (MDT's) enhance an officer's ability to send and receive important information related to various law enforcement functions, and enable the officer to complete reports while on patrol. All officers shall be trained in the proper use of the mobile data terminals and officers will comply with the guidelines set forth in this policy. Our agency shall abide by all mandates contained within the NJCJIS, NJSP and FBI User Agreements and policies. Ul. Purpose The purpose of this policy is to provide standard procedures for the use of the mobile data terminals (MDT's). This policy also establishes procedures to ensure compliance with guidelines related to the use of police department, state and federal databases. The appropriate use of the MOT equipment will enhance an officer's ability to send and receive critical information related to motor vehicle violations, wanted persons, and criminal investigations. The use of the MDT will increase the efficiency and effectiveness of officers and detectives in the field. WW. Training A. All officers that are assigned to vehicles with mobile data terminals (MDT) shall not use the mobile data terminal software until they have received training in its proper use and are familiar with this directive. B. All officers assigned to a vehicle with an MDT will not use the MDT until the officer has been certified in the use of NCIC/CJIS. C. All officers assigned to a vehicle with an MDT will not use the MOT until they are familiar with the department Internet and Email Use Policy. IV. Procedure A. Pre-operational procedures 1. Shift supervisors will ensure that MDT equipment is operated in accordance with this policy. 2. Officers assigned to MDT equipped vehicles will ensure that the computer equipment is working properly prior to the start of the shiftgg Harbor City Police Department ‘Mobile Data terminal Policy 3. MDT equipment problems will be reported to the shift supervisor immediately for corrective action. 4. MDT equipment will be maintained and repaired by MDT technicians who have been specifically trained and authorized to make repairs. 5. Damage to MDT equipment will be reported to the shift supervisor immediately. B. Operation 1. Officers will not use the MDT while operating the vehicle. 2. Officers’ passwords will be at least eight characters in length consisting of at least one number, one capital, and one special symbol (8,*,%,$, etc). 3. If a password has been compromised the user will immediately notify a Supervisor/Commander so that the password can be removed from the system. Passwords are confidential, shall be selected using CJIS criteria requirements, and users are prohibited from disclosing their computer passwords to other users. If a password has been inadvertently revealed, the user must change his/her password and immediately notify the agency's TAC or ATAC. CJIS and AOC passwords will be audited in accordance with the NJSP/FBI CJIS user agreement. 4. The MDT terminal screen shalll not be in direct view of the public. 5. Officers will logoff of the MDT if the vehicle is going to be left unattended for extended periods of time. Officers shall ensure that access to MDT equipment within the police vehicle is secured at all times. 6. MDT users will take every precaution to safeguard equipment when the vehicle is not in their possession. 7. All unattended vehicles will be locked. 8. Officers will perform transactions on the MDT for law enforcement purposes only. 9. Officers are prohibited from altering any software or hardware directly or indirectly associated with the MDT or its functionality. C. Authorized/Unauthorized Use 1, MDT use is restricted to Egg Harbor City personnel for police business. 2. Officers will not permit anyone that is not NCIC certified to use the MDT, including other Egg Harbor City Police Department officers.£99 Harbor City Police Department ‘Mobile Data terminal Policy 3. Officers will restrict the dissemination of all information received through the MDT to authorized law enforcement officials for law enforcement purposes only. 4. Only the Terminal Agency Coordinator (TAC) can approve MDT use by non-Egg Harbor City personnel. V. Automatic Vehicle Location/Global Positioning System ‘A. The Egg Harbor City Police Department utilizes automatic vehicle location (AVL) software. Patrol vehicles in the fleet have been equipped with the hardware (interfaced with the MDT's) necessary to accept signals from the Global Positioning System (GPS). GPS is a primary tool used to ensure and increase safety, allowing dispatch and supervisory staff the ability to locate patrol vehicles in need of assistance. B. Any attempt to tamper with the electronic components, physical connections, computer interface, and/or hindering with the transmission or reception of any antenna, which could adversely affect the ability of any receiving station to get an accurate location of a particular vehicle, shall be viewed as an attempt to subvert the safety value of the system. Any individual found to have tampered with or tampering with the system as outlined above, or in any other manner shall be subject to immediate disciplinary action. C. The tracking of vehicles by the AVL software saves vehicle positions in a file format that can be displayed back at a later time. Access to these files is at the discretion of the Chief of Police or his/her designee. Such vehicle position files shall be maintained on a network server and purged in accordance with the New Jersey Division of Archive of Records Management (DARM) retention guidelines. VI. Administration A. MDT equipment will not be removed or transferred from the vehicle without express permission from an agency Supervisor/Commander. B. All activity on the MDT's will be tracked and stored with software specifically designed for this purpose. The storage of this data will be maintained on a server located within the ‘Township of Hamilton Police Department, The server shall be protected by Firewall, web filters, and any other means necessary to ensure the integrity and protection of this data. C. All activity on the MDT will be retained for a period consistent with user agreements and applicable New Jersey Records Retention and Disposition Schedule. D. NCIC and DMV inquiries will be audited by the New Jersey State Police and the appropriate Terminal Agency Coordinators.99 Harbor City Police Department Mobile Data terminal Policy E. Information Technology staff may conduct random audits at regular intervals of officer activity on the MDT's, F. Misuse of MDT equipment will result in disciplinary action appropriate for the extent of loss or injury to this or another agency, the NJCJIS system and/or other person(s) harmed. Discipline may include but is not limited to: Remedial Training Loss of NJCJIS Operator Status Reassignment Verbal Reprimand Written Reprimand Suspension Termination State/Federal Criminal Penalties State/Federal Civil Penalties rxyenoaoge APPENDICES AX-00001-15 NJSP Identification and Information Technology Section — New Jersey Criminal Justice Information Policy AX-00002-15, CJIS Security Policy — FBI AX-00003-15, New Jersey State Police CJIS Non-Compliance Sanctions Plan AX-00004-15 New Jersey State Police CJIS Validation Policy and Procedures Guide