Accreditation Program - Administrative Manual, NJ Chiefs of Police, 2008
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1 Volume NEW JERSEY STATE ASSOCIATION OF CHIEFS OF POLICE New Jersey Law Enforcement Accreditation Program Administrative Manual 3rd Edition April 2008 NEW JERSEY LAW ENFORCEMENT ACCREDITATION COMMISSION Administrative Manual New Jersey State Association of Chiefs of Police Founding Commission Members Chief John Coyle, Chairman Egg Harbor Township Police Department Chief Robert Blevin, Jr. Ocean City Police Department Chief Robert Coulton Ewing Police Department Chief Charles Davall, Jr. Princeton Borough Police Department Chief Stephen Emery Pemberton Police Department Chief Douglas Marvin New Providence Police Department Chief R. Brett Matheis Clinton Police Department Chef Michael Peoples Long Hill Police Department Chief Leo Selb, Jr. Woodbury Heights Police Department Chief William Plate, Jr. Hanover Township Police Department Chief Roy Wherry Vernon Police Department Mitchell C. Sklar Executive Director NJSACOP Recognition The New Jersey Law Enforcement Accreditation Commission and the New Jersey State Association of Chiefs of Police wish to express their sincere appreciation to the staff and membership of the Pennsylvania Police Chiefs Association and the Pennsylvania Law Enforcement Accreditation Commission for their generous assistance and support. Additional thanks are due to the New York Division of Criminal Justice Services Accreditation Program, the Virginia Law Enforcement Professional Standards Commission, the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA), and the members of AccredNet. The Pennsylvania and CALEA accreditation programs and standards, as well as programs and standards from several other states, served as models in the development of the New Jersey program. © 2003-2008 New Jersey State Association of Chiefs of Police One Greentree Centre • Suite 201 Marlton, New Jersey 08053 Phone 856.988.5880 • Fax 856.810.0223 E-Mail: email@example.com Web: www.njsacop.org ii Disclaimer This program includes voluntary standards for law enforcement agencies within the State of New Jersey. Those standards have been developed and approved by the New Jersey Law Enforcement Accreditation Commission. The standards are not intended as a substitute or replacement for any legal requirement that may apply to agencies involved in law enforcement services in the State of New Jersey. The New Jersey Law Enforcement Accreditation Commission recognizes that federal, state and local law, collective bargaining agreements, administrative regulations and local ordinances take precedence over these standards. CALEA Alliance The New Jersey State Association of Chiefs of Police [NJSACOP] has applied and been accepted as an Alliance Partner with the Commission on Accreditation for Law Enforcement Agencies [CALEA®], the national law enforcement accrediting commission. Under such an Alliance, agencies completing New Jersey accreditation are eligible for national CALEA Recognition, contingent upon review by CALEA. New Jersey Agencies that have already attained national CALEA Accreditation are eligible to receive New Jersey Accreditation without additional assessment. ii Introduction Accreditation is the ongoing process whereby agencies evaluate policy and procedure against established criteria and have compliance with that criteria verified by an independent and authoritative body. The criteria, or standards, are policy development guidelines that represent a level of quality service delivery. The true indicator of compliance, however, lies with an evaluation of trained, independent professional peers. The establishment of meaningful and professional standards are, therefore, the two fundamentals of an accreditation program. The New Jersey State Association of Chiefs of Police, under the leadership and guidance of Immediate Past President Chief Vernon Henderson, President Chief Edward Petrini, Commission Chairman Chief John Coyle, and Executive Director Mitchell Sklar, pursued the concept and development of a voluntary statewide law enforcement accreditation program for New Jersey. Their efforts resulted in the formation of a committee to begin work on the project. As a result, the NJSACOP New Jersey Law Enforcement Accreditation Commission (NJLEAC) was established, consisting of commissioners appointed by the New Jersey State Association of Chiefs of Police (NJSACOP). Personnel from NJSACOP provide support services to the Commission. The Commission is tasked with developing and maintaining a formal accreditation process specific to the needs of New Jersey law enforcement agencies. This mandate required the development of a comprehensive set of professional standards. The attitudes, training and actions of personnel of New Jersey’s law enforcement agencies best reflect compliance with the standards contained in this program. Policy and procedure based on Accreditation will not insure a crimefree environment for citizens, nor will it ensure an absence of litigation against law enforcement agencies and executives. However, effective and comprehensive leadership through professionally based policy development is directly influenced by a law enforcement program that is comprehensive, obtainable and based on standards that reflect professional service delivery. In developing this program, the Commission recognized the somewhat limited financial and manpower resources of a great many law enforcement agencies and developed standards that would not place overwhelming demands on those resources. The standards developed are the basis of an accreditation program that affects every component of the agencies involved. Through the dedication to service and professionalism evidenced by the attainment of accredited status, law enforcement agencies can positively affect the communities they serve. The development of department policy is the most significant duty of Chiefs of Police. Therefore, this manual contains no mandatory policies and procedures. The standards developed by the Commission are only guidelines for what should be done, not how it should be done. Policies on many topics may be very similar among most agencies. On the other hand, policies dealing with other topics may vary greatly. Policy development that complies with the program standards, however, remains dependent on the judgment of the chief executive of the law enforcement agency. This manual represents many hours of tireless effort by a large number of New Jersey law enforcement executives. All of the standards applicable to the program have been reviewed and approved by the New Jersey Law iii Enforcement Accreditation Commission. The Commission is responsible for continuing oversight, review and updating of the program standards. For more information, please contact: New Jersey State Association of Chiefs of Police Accreditation Program Manager One Greentree Centre • Suite 201 Marlton, New Jersey 08053 Phone 856.988.5880 • Fax 856.810.0223 E-Mail: firstname.lastname@example.org Web: www.njsacop.org iv How to Use This Manual This manual has been designed to guide agencies through the process of accreditation. While this book may offer specific instruction, how an agency accomplishes the end result – standards compliance – is up to each individual agency. The first two chapters are a review of the initial steps necessary to implement the program, including the accreditation application, notification of personnel, and file organization. The next chapter addresses the heart of the process – standards compliance – from what they are through how to record compliance. From there, the manual focuses on the On-Site Assessment by preparing the agency for a mock assessment to test readiness, and then goes on to explain the official On-Site Assessment process. Finally, a chapter is included on maintaining accreditation status. The members of the Commission and staff have worked diligently to insure a useful, easy-to-follow plan to ensure success for each agency’s endeavor for accreditation. We wish you the greatest success. v Table of Contents Acknowledgements ii Self Assessment 11 Disclaimer iii Cross Compliance and Reference 11 Introduction iv Proofs Compliance 12 How to Use This Manual vi Policy Changes 12 CHAPTE R CHAPTE R 1 INITIAL STEPS 5 1 PREPARING FOR AND CONDUCTING Designate an Accreditation Manager 1 MOCK ASSESSMENT Accreditation Manager Training 2 Preparation 14 Submit a Letter of Intent 2 Hosting Mock Assessment 15 Formal Application 2 Review Finding 15 Application Fees 3 Notify Personnel of Intent 3 CHAPTE R Designate Clerical Support Staff 3 PREPARING FOR AND CONDUCTING ON- Schedule Personnel Briefings 4 SITE ASSESSMENT CALEA 5 Scheduling 16 Assessor Selection List 16 On-Site Protocol 18 Team Leader 18 CHAPTE R 2 ORGANIZATION 6 Folder Organization 6 Agency Access 19 Organization Tips 7 Post Assessment 19 Schedule Staff Briefings 7 Commission Review 19 CHAPTE R 3 CHAPTE R STANDARDS 7 NOW WHAT? Standard Categories 8 Term of Accreditation 20 Numbering System 9 2 Accredited Agency Logo Use 20 Standard Components 9 2 Certificate Presentation 20 “If” Standards 10 3 Annual Reports 21 Not Applicable Standards 10 Post Assessment 21 Standard Waivers 10 Final Thoughts 21 CACE 10 3Chapter Annual Fee 4 26 MANAGING, CONTROLLING & PROVING GLOSSARY 22 COMPLIANCE WITH STANDARDS INDEX 25 Tracking System 11 1 Chapter INITIAL STEPS The Chief or agency Chief Executive makes the decision to pursue accredited status. T he Chief or agency Chief Executive (hereafter referred to as Chief) may decide to proceed with the accreditation process for several reasons. It is important that the Chief is aware of the complexity of the task process and willing to be supportive of the agency’s Accreditation Manager (AM). Without the Chief making it clear to all members of the organization that accreditation is a priority, it will be extremely difficult for the AM to get the job done. The Chief should review all of the program materials, prepare for routine update meetings with the AM and think about space and time accommodations. Initially the Chief needs to designate an Accreditation Manager. There are several factors to consider when choosing an AM. The Chief should appoint an individual who: 9 Has an interest in doing the job 9 Is computer literate 9 Is organized and efficient in their present job tasks 9 Is capable of writing clearly and concisely 9 Is capable of formulating drafts of agency policy statements 9 Is capable of dealing effectively with all levels of agency management 9 Is willing to work the long hours that accreditation activities demand 9 Is innovative and willing to change 1 Expect Agency Change Let there be no doubt, accreditation WILL change your agency. The AM is a key change agent. The Chief should also be aware that accreditation is a task in which the entire agency participates. The Chief and command staff will need to participate in the process regularly. Personalized Training The AM will receive training or technical assistance by staff or Commission members. Formal training classes will be offered on a regular basis. To prepare, it is recommended that the AM review and study the materials provided. The NJLEAC staff is available by phone and email to answer any questions as they arise. A presentation by NJLEAC members or staff will be available to agency command staff and other personnel. This presentation is a great way to clearly present the program details and allow an opportunity for questions to be asked and answered. Letter of Intent Complete the Letter of Intent. This is simply a formal notice to the Commission that the agency has clearly reviewed the program process, requirements, and goals with appropriate agency personnel and jurisdictional authorities and is now requesting Commission consideration, both man hours and financial, to further the accreditation endeavor. This is not binding and the agency is free to discontinue the process at any time. The Letter of Intent should be signed by both the Chief and the appropriate governmental or jurisdictional representative. Agencies may want to consider using a public meeting to sign and recognize this step. By doing so, the public can be made aware of the commitment by the agency, as well as receive positive publicity. Upon receipt, the Letter of Intent is forwarded for review to the Commission for consideration at their next meeting. Formal Application for Accreditation Part of the introductory kit, shipped to the applying agency after the Letter of Intent is received and reviewed, is a formal application with questionnaire. Agencies wishing to participate must complete the application and questionnaire and return the executed documents, along with one-half of the accreditation fee, to the Commission. 2 Accreditation Fees The accreditation fees are based on the number of full-time sworn law enforcement personnel employed by the agency at the time of application (or re-accreditation). One-half of the fee must be received with the completed accreditation application. The remaining half of the fee must be received prior to the scheduling of the On-Site Assessment. The fee scale has been established for both accreditation and re-accreditation: Please see Addendum 1 Re-accreditation Fee The program fee must be paid in equal annual installments, due yearly on or before the Accreditation anniversary date. All fees must be current prior to the scheduling of Re-accreditation On-Site Assessment. Notify Staff A memo to the staff from the Chief is a “must do” step in the initial accreditation process. The Chief should advise all agency personnel what accreditation means to the agency, generate enthusiasm for the process and advise of the steps needed to complete the process. In addition, the AM’s authority when dealing with accreditation issues and timelines should be addressed and recognized. The introductory kit includes a video, which should accomplish these tasks. Designate Clerical Staff Accreditation is information intensive. Creation and dissemination regarding agency policy lies at the heart of the process. The level of clerical support for the Accreditation Manager is dependent on his/her own clerical and organizational abilities, in addition to the resources available within the agency. Of course, some AM’s prefer to produce their own documents. Hold regular briefings on accreditation status. The AM will also serve as an information liaison. As part of the initial process, it is recommended that the AM coordinate with the Chief to hold regular briefings on accreditation activities. The Chief may also want to schedule time at regular command staff meetings for the AM to bring staff personnel up to date on progress and address problem areas. Agencies may find it useful to use the staff briefings to formalize the process of assigning agency command staff policy review areas and other duties designed to assist the AM. Note The Accreditation Manager should make every effort to visit other accredited agencies. The information gathered will prove invaluable. 4 CALEA Accreditation / Alliance Program The NJLEAC Accreditation Program is not in competition with the national accreditation body, the Commission on Accreditation for Law Enforcement Agencies, Incorporated (CALEA). We are merely offering an affordable method of professionalizing police departments that is tailored to meet the needs of their jurisdiction and to help them better serve and protect their constituents. Additionally, the NJLEAC Accreditation Program has entered into an Alliance with CALEA under which both organizations will recognize each other’s programs. New Jersey departments that qualify for NJLEAC Accreditation will be eligible for CALEA National Recognition upon application and payment of a nominal fee. Although a separate assessment will not be required, a formal review of the Assessment Report will be conducted by CALEA for those agencies seeking National Recognition, and the final determination as to whether to award such National Recognition is entirely at the discretion of CALEA. New Jersey agencies that are currently accredited by CALEA will not be required to build a separate set of files for the New Jersey Program. 5 2 Chapter ORGANIZATION While we can explain to you most of the necessary paper supplies needed to begin, the way you organize them is up to you. A computer workspace, along with a file cabinet dedicated to the task is necessary. A review of other programs has revealed that color coded files seem to be the easiest and most accepted method of identification (red for Administration, blue for Operations, etc.). Folder Organization In order to streamline the assessment process, you need to set up your files in a consistent manner. Each folder should be labeled with the standard number on the tab. The standard applicable to that folder should lay loose in the folder and be the first piece of paper in the file. The second piece of paper in the file should be the Individual Standard Status Report (ISSR). Documentation should then be filed in the order listed on the ISSR. If there are bulleted items in the standard, these items should be separated by a page titled with the bullet number. If you choose to highlight relevant text within documents, please be consistent with the highlight method. Setting up the folders is the easy part; now you can begin filling them. Each folder should have a label, a copy of the applicable standard, related policy, completed individual standard status report (ISSR) and proof of compliance in format capable of filing. 6 & Tips from others who have completed this process include: Place the standard number for every proof of compliance at a consistent location on all items. This will help identify loose paper, especially if a pile of folders accidentally is knocked to the floor. It will also speed the filing process. Many Managers use a separation sheet for each proof for bulleted items. The proofs of compliance are arranged so that the assessor can read the standard statement and immediately tab to bullet “c” if desired. Be creative when necessary. Compliance is demonstrated not only in written materials, but also via videotape, recorded materials, interview and demonstration. Schedule Briefings for All Staff Schedule briefings for officers and clerical staff. Personnel should be briefed regularly on the progress toward accreditation status. 3 Chapter STANDARDS The standards adopted by the NJLEAC should serve as a blueprint for agency policy. They are not, however, the only resources the agency should explore. New Jersey law enforcement agencies have an excellent reputation regarding the sharing of information, especially in the area of policy development. Law enforcement agencies that have a long-term commitment to accreditation efforts can serve as a tremendous resource for those departments just starting the process. New AM’s seeking advice should never hesitate to contact other agencies involved in the process or the staff of the Commission. The standards for the Law Enforcement Accreditation Program are based upon the 5th Edition of the Standards for Law Enforcement Agencies manual, the national standards established by the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) in Fairfax, Virginia. The standards reflect the best professional practices in each area of police management, administration, operations, and support services. The standards prescribe "what" agencies should be doing but not "how" they should be doing it. That decision is left up to the individual agency and it’s Chief. The standards address (1) life, health, & safety issues, (2) legal & other critical requirements, and (3) conditions that reduce major risk and high liability exposures. Accreditation standards address a variety of issues, some of which include: • • • • • • • • • Use of Force, Authority and Jurisdiction Recruitment, Selection, and Promotion of Personnel Training, Discipline and Internal Affairs Patrol and Criminal Investigations Victim/Witness Assistance Traffic Operations Records and Communications Collection and Preservation of Evidence Property and Evidence Control 8 Naturally, all policies developed for the program standards must be developed in conformance to applicable New Jersey law and regulations. During the standards review and development process for state accreditation, each national standard was evaluated by the Commission. Through this process, those standards which are most relevant and applicable to law enforcement in the State of New Jersey were specifically chosen and included in the New Jersey accreditation program. These standards, as well as other potential additions to the program, will be under constant review and consideration by the Commission. The applicable program standards are identified in a separate index that accompanies the CALEA Recognition Standards Manual. Thoroughly read and review the provided Recognition Standards Manual to include the appendix section. Numbering System The standards are numbered according to their placement within the section and subsection to which they apply. In Figure 1, the standard is numbered 46.1.4. The 46 refers to the section, Unusual Occurrences and Special Operations. The 1 refers to the subsection within the section, Special Operations. The 4 refers to the chronological order of the standard within this subsection. Components of the Standard Standard Statement. In Figure 1, the standard is identified by its specific number, 46.1.4. The standard statement can be several sentences long and will describe the crux of the requirement. In some cases the standard statement also contains several bullets (e.g., ‘a’, ‘b’, ‘c’, etc.). Such bullets indicate specific points that must be addressed in the agency’s directive (policy statement) for compliance. Figure 1. 46.1.4. The agency has written plan for responding to natural and manmade disasters, civil disturbances, and other unusual occurrences. Commentary: Thorough planning is a fundamental requirement in responding to unusual occurrences outlined in this standard. Agencies responding to unusual occurrences should prepare for a variety of needs, including, but not limited to: provisions for communications, situation maps, field command posts, chain of command to include other agencies, casualty information, community relations (public information – media briefings), other agency support, military support, martial law, public facility security, traffic control, equipment availability, de-escalation procedures, post-occurrence duties, after-action reports, transportation, court/prosecutorial liaison and other legal considerations. Of particular importance is the unified command of personnel from other agencies assisting in unusual occurrences. When appropriate, unit integrity of individual agency personnel should be maintained throughout mission assignments. City, county, regional and state plans should be utilized where appropriate. Existing or other mandated plans which fail to address the specifics of this standard should be supplemented by agency policy, procedures, or plan. Commentary. Following the standard statement is a narrative Commentary. These commentaries were developed to more fully define the intent of the particular standard. However, for assessment purposes, you are only required to comply with the standard statement. 9 Multiple Components Within a Standard. The standard statement may contain more than one requirement. Each item within a standard will require proof of compliance. Standards Containing the Word “If” Some standards are “if” standards. See Figure 2. For instance, if the law enforcement agency does not allow “extra duty employment,” the agency is not required to develop a detailed policy regarding conditions of employment as stated in Standard 1.7.1. However, the agency must develop a written policy statement (directive) regarding the prohibition of such employment. Figure 2. 1.7.1. If the law enforcement agency permits “extra duty employment” by agency personnel, the agency shall have a written directive governing such employment. Otherwise, the agency shall have a written directive prohibiting “extra duty employment” by agency personnel. Commentary: If such employment is allowed by the agency, it is important to the law enforcement agency that procedures are developed to manage and regulate the secondary employment of law enforcement officers. Standards Not Applicable to Agency If your agency does not offer a service or function as required in a standard, then this standard does not apply to you and may be marked NA. For example, if your agency does not have holding cells for prisoners, then your agency would simply mark NA in the appropriate place on the Individual Standard Status Report (ISSR). A folder still needs to be created for each standard whether applicable or not, but the ISSR can simply be marked NA. All NA folders must be approved by NJLEAC staff. Waiver from Standard Compliance There are rare occasions when an agency may qualify for and receive a waiver. Waivers are available to agencies when it is impossible to comply with a specific standard. Examples include conflict with collective bargaining agreements or local ordinance. A request to waive standard compliance must be made and approved via the Standard Compliance Waiver Form. This form is provided with the introductory materials, as well as a copy is provided in the Resource section of this Manual. Please allow 90 days for approval. Accreditation Compliance Express CALEA Accreditation Compliance Express (CACE) is a special use software program for agencies to use to facilitate the Accreditation process. The program provides the user a powerful tool in completing the steps necessary to achieve and maintain accredited agency status. It serves as a valuable asset in the overall management of the accreditation process. Contact NJLEAC staff for further information. 10 4 Chapter MANAGING, CONTROLLING AND PROVING COMPLIANCE WITH STANDARDS Create and implement a tracking system. The AM will need to create a tracking system that will provide quick reference to the status of each folder. Some Managers use a large white board, others a spreadsheet. This should be convenient and easy to use. A status board makes it easy for the Chief and other interested parties to visualize the agency progress. Self Assessment The self-assessment should begin as an exercise in comparison. Once the filing system is organized, the AM starts comparing current agency policy to the accreditation standards. Most Managers quickly come to the conclusion that the agency is closer to compliance than anticipated. Law enforcement adapts to the ebb and flow of legislative changes and agencies adopt policy that is consistent with the law. As the Accreditation Manager compares what must be covered for accreditation purposes, he/she will probably find that some fine-tuning is necessary. One of the biggest mistakes committed by new Accreditation Managers is in rushing the job. There is a generous two-year time limitation on the NJLEAC process. The Manager may want to address high liability areas first in order to get any necessary changes in agency policy into the hands of those it affects as quickly as possible. Property and evidence control, arrest procedures, etc., are some of these high liability areas. Cross Compliance and Reference When comparing agency policy to the standards, the Manager will need to be mindful of cross-compliance and reference. Is there a separate policy on this (or any) one element? If so, the AM will need the separate policy in the compliance folder, or may opt to submit a draft combining the two. 11 Compile Supportive Documentation There are several ways to prove compliance on just about every standard. Accreditation Managers are not bound by conventional wisdom when it comes to proving compliance to standards. The Individual Standard Status Report (ISSR) designates four types of proofs of compliance: written directive, other documentation, interviews, and observation. Written Directive – A policy of the department issued by the Chief or designee as an order, generally codified in the General Operating Manual. Written Documentation – Examples of written documents include, but are not limited to lesson plans, memos, emails, state law sections, or judicial policies and law. Agency policy is usually considered a written directive and will most often be the first item the Manager has available to prove compliance. Other Documentation – May include photographs, video, log sheets, agency forms, training rosters, evidence bags or any number of items. The key element in this category is that the proof does not require specific action be taken, but us an instrument of the person taking the action. Interviews – Will be conducted by the assessment team. The Manager may want to list individuals on the ISSR who are most knowledgeable about the agency action in a specific area. For example, the director of personnel for the jurisdiction may be listed as a potential interview to prove compliance with certain personnel standards. The lead dispatcher may be listed as the best source of information on dispatch responsibilities during high-speed pursuits. Listing the names of individuals does not insure that the assessment team will interview the person. However, if the team does choose to interview the suggested person(s), the Manager has already supplied them with the name (and proper spelling) of the interviewee. This makes the assessor’s job easier and that makes the assessment go faster. Observation – This is the final category on the ISSR. This type of proof is the easiest for the assessor and probably the least utilized. There are several standards where simply observing the action or a piece of equipment is proof that the agency is in compliance with the standard. Standards addressing markings on agency vehicles, alternate sources of power for communications equipment or instructions for citizen complaints are examples of observation compliance. Accreditation Managers should also be aware that the best assessors do not settle for a single proof of compliance unless it is overwhelming in nature. The wise Manager will list proofs in at least two categories, and in some cases, all four categories. The more ways a Manager can show the agency is truly doing what they say they are doing, the better. The assessors will be looking to find compliance with the first few items they look at in the folder. Having additional proofs will never hurt, but not having enough is a common shortcoming. 12 Train Agency Personnel in Policy Changes Whenever appropriate, the Manager should utilize the briefing schedules set up early in the process. The Manager may want to have other agency personnel present the changes (including the Chief or other high ranking officer) or may simply coordinate with shift commanders. The important point is that agency personnel know about the newly adopted policy as soon as possible. Any new policy should include a training component for those it affects, and the AM should remember that the assessment team may desire to interview agency rank and file on the particular issue addressed. 13 5 Chapter PREPARING FOR AND CONDUCTING THE MOCK ONSITE ASSESSMENT Utilization of a mock assessment is strongly recommended. The AM should plan to observe or participate in a mock assessment. Although this process is not a part of the Commission’s formal program, peers will often assist agencies in obtaining accredited status by role-playing this most important test. When the agency has completed the self-assessment phase, it should arrange on its own for a mock assessment. Mock assessments are not required, but when conducted properly can be the most helpful strategy to prepare for the actual Commission evaluation. Mock assessments are a tremendous classroom for people who are assessing an agency. When asked to participate on a mock team, the AM is assisting his/her own agency at least as much as the agency being assessed. Whenever possible, AM’s should participate on mock teams. Please bear in mind that all costs for a mock assessment, including any assessor fees, are borne by the agency, although colleagues may be willing to do the mock for little or no cost. Generally, the mock assessment will be evaluated by local assessors, thereby keeping the cost at a minimum and avoiding any conflicts later with assessor availability. An assessor who performs a mock assessment will not be utilized on the final assessment of the agency involved in the mock. Plan to receive a written evaluation for record keeping purposes. The AM should conduct a thorough review of all folders. Setting up a final review of all agency folders prior to holding a mock assessment will give the Manager one last opportunity to fill any gaps and correct last minute compliance. How thorough the review must be is dependent upon many factors; however, giving one last check never hurts. 14 Schedule and Host a Mock Assessment NJLEAC does not arrange for mock assessments. However, staff personnel will assist in identifying potential assessors from the Commission pool. The AM is responsible for organizing a team, making all the arrangements for the team, what is to be looked at, and time scheduling. The more comprehensive the mock, the more likely the actual assessment will be successful. Mock assessments are not required, but are considered critical to a successful on-site assessment. Agencies are expected to conduct internal mock assessments as part of preparations for assessment. Review mock team findings and amend folders as appropriate. The mock team will probably make suggestions as to compliance, format or arrangements in their final report to the agency. They may make recommendations in all of these areas and others, too. The AM must not take the team’s recommendations personally. The entire mock team format is designed to identify discrepancies now so that it will be easier when the true test comes. The Manager should review all mock team comments and weigh the relevance of each item. In one case, additional proofs may be suggested for a particular folder. In another case, rewording may be suggested. In rare cases, a complete rewriting of policy may be recommended. The agency has the option of accepting or not accepting the mock team recommendations. The Commission does not consider mock team findings when determining accredited status. One strategy on contested items may be to contact several other Managers and/or assessors prior to making any changes suggested by the mock team. When appropriate, make the changes. Retrain Employees Whenever a substantive change in policy is made, the retraining of affected personnel is necessary. Make the decision as to whether to hold a second mock assessment. Mock assessments are relatively inexpensive and provide the agency with a professional evaluation without risk. Some agencies have been known to have more than two mock assessments prior to the initial full-fledged assessment. Two mock assessments are recommended for all agencies prior to their initial evaluation by the Commission team. 15 6 Chapter PREPARING FOR AND CONDUCTING THE ON-SITE ASSESSMENT Contact the Commission staff when you feel you are prepared for the on-site assessment to arrange dates. The Commission will need a minimum of four weeks to arrange for a team. Remember, the assessor must make personal and professional arrangements in order to come to your department. Your professional treatment of the team starts here. The Commission staff will provide an Assessment Schedule. Assessor Selection List The NJLEAC staff will assign an assessor team for the on site assessment. The Chief and the AM should conduct a review of the assessment team. If the agency wants to strike a name, the agency must contact NJLEAC staff. The commission staff will make every effort to ensure a balanced team is formed. The agency will be notified of the final team composition as soon as possible. 16 Time Schedule You can expect to follow this schedule for the on-site assessment: Day One (Saturday) Team Arrives, Team Meeting and Planning Day Two (Sunday) File Review, Static Display and Agency Tour, Ride Along, Interviews Day Three (Monday) Ride Along, Interviews, Panel Review, Public Hearing Day Four (Tuesday) - File Review Concludes, Team Prepares Report, Team Holds Exit Interview with Chief and Accreditation Manager — — — The schedule is flexible depending on the needs of the host agency and/or the Assessment Team. On-Site Protocol The Accreditation Manager has now reached the critical stage of the process, the actual site visit. Preparation for the team should be a well-orchestrated and efficient procedure. The following list does not represent all of the preparations the Manager may arrange, but is fairly comprehensive. 9 Make a personal phone call to team members about two weeks prior to the visit. 9 Send an Information Packet to each member containing a letter of welcome from the Chief, a map to the hotel (if necessary), pertinent phone numbers (including the AM’s home number), an explanation of meal arrangements, a proposed itinerary, and information on the jurisdiction such as history, demographics, etc. 9 Discuss arrangements with the team leader as soon as possible. Arrange for the best possible accommodations. Individual rooms are a must. Check with team members for special considerations such as dietary restrictions, smoking/non-smoking preferences or disabled access. 9 Lodging should be reasonably near the agency headquarters. 9 Make any hotel accommodations well in advance of the arrival date and recheck the status of the reservations a minimum of two days prior to arrival. The hotel should have restaurant facilities. 9 Arrange with the hotel management for rooms away from main traffic corridors and in an area of the hotel away from distractions. 9 Make the hotel manager aware of the importance of the team. 9 Advise the hotel manager that the team may want to secure their weapons in the hotel safe. 17 Meal Schedules Meal arrangements should be discussed with the team leader. While On-Site The team will be in the jurisdiction for two to three days. The Manager should have the itinerary arranged with the team leader as much as possible. The Chief or his designee and the AM should meet the team at the hotel prior to the first evening’s meal. Arrange for the static display and agency tour to be conducted early in the assessment. Officer Interviews/Ride A Longs The assessment team will want to interview several officers concerning various standards during the assessment. The agency should select the personnel for this presentation; the commission staff will provide a list of suggested standards to the agency. Public Hearing The agency and the Assessors work together to schedule, publicize and hold a hearing for the public at large to comment upon the agency’s application or other pertinent issues. Assessor and Accreditation Managers should plan to participate in this public hearing. Additionally, the agency is required to provide a telephone number for the use of the public to make comments to the Assessors about the agency and/or the agency’s Accreditation application. Both the Hearing and the telephone should be widely publicized in the community prior to the arrival of the Assessment Team. Initial Tour and Static Display The static display and agency tour provides the team with many proofs of compliance by observation and interview. Some agencies have given the team a list of those standards that are at least partially complied with through the static display or agency tour. The Manager should provide the team a list of personnel assigned to the static display. The agency tour should include the property room and communications component. These areas may take some time to inspect. The property room personnel will likely be asked a number of questions and also asked to pull items under agency care. Communications personnel may be asked to follow a request for service through their system. Arrangements for the static display are at agency discretion, however if the agency is arranging an outdoor display, it is prudent to also arrange an alternate indoor site. 18 The Assessment Room The actual assessment room is a critical area. The accreditation files should be easily accessible, and all agency procedure or operational manuals available. A copy machine and telephone should also be available. Team Leader The team leader will be the contact person for the team. The team leader shall moderate all discussions regarding compliance issues. The AM will be expected to be available to discuss issues anytime the team is working. More than one assessor may need information at any given time, so available help for the AM should be arranged, if not assigned. Agency Access Members of the team may want to attend shift change, ride along with officers, and/or interview members of the agency not scheduled for interview. This means the entire agency needs to be prepared for these possibilities. The team is trained to weigh all responses to queries. The Manager should arrange to attend shift change prior to the assessment and brief the department members on who is coming and what to expect. Post Assessment The team will conduct an exit interview with the Chief and AM prior to departure. At this meeting, the agency will be advised of the final recommendation the team will give the Commission. If the team finds the agency in compliance with all applicable standards, the team leader will inform the Chief that the agency will be recommended for accredited status. If the agency failed to meet standards, the Commission can grant up to a ninety (90) day extension. If there are disputed compliance issues, the agency has the option of presenting their case to the Commission. The Manager and Chief should appear before the Commission at the next scheduled meeting and present their interpretation of the issue. The Commission members will rule on the item and if this issue is the deciding factor as to total compliance will either grant or deny accredited status at this time. 19 Extensions On occasion, agencies have sought an extension of time beyond the 24-month limit prior to the initial onsite assessment. An agency may be granted up to two (2) six month extensions; no further extensions are permitted. To receive the first extension the Chief/CEO of the agency must write a letter requesting the extension to the NJLEAC. The program staff can approve the initial six (6) month extension. To receive the second extension, the Chief/CEO of the agency must send a second a letter requesting the extension to the NJLEAC. All applicable program fees must be paid in full prior to approval of the second extension. Only the NJLEAC may approve the second and final extension. If the agency fails to make the second extension, the agency can make a re-application for a fee of $500.00. This will give the agency a new two year self assessment period. Failure to apply for or complete this re-application extension will mean all program fees are forfeited and the agency must make a new initial application. Commission Review NJLEAC will advise the agency of the date and time of the next Commission meeting. The Chief and AM will be invited to appear before the Commission to hear the final report delivered by the program staff. This is not mandatory. The Chief and AM will also be given an opportunity to speak on the accreditation program in general and the assessment in particular. Commission members will have questions for the agency representatives regarding particular phases of the process and any troublesome areas the agency experienced. This open forum is highlighted by the vote on accredited status. 20 7 Chapter NOW WHAT? You have done it – congratulations! Now enjoy these benefits. Post Assessment The NJLEAC period for accredited status is three years. In the third year, the agency must arrange for an on-site team visit using the same guidelines as the original assessment. The re-accreditation on site assessment is due on your agency’s accreditation anniversary date. The re-accreditation on site assessment must be completed within six (6) months of your anniversary date. If you fail to complete this assessment within the time period your agency will lose its accreditation status. Accredited Agency Logo NJLEAC staff will provide the Manager with camera-ready copies of the official “Accredited Agency” seal. This logo may be displayed on agency vehicles, letterhead, web pages or any other official manner. Certificate Presentation Presentations can be held in almost any venue. The AM should contact program staff with the date, time and place of the presentation. The AM should send an invitation to the Commission, staff and assessment team. Some agencies also invite mock team members and other individuals who have assisted them in obtaining the first stage of accreditation. Annual Reports NJLEAC requires annual reports on accreditation activities every year. The annual report form is provided to you from program staff. It calls for copies of several quarterly and annual agency reports addressed by particular standards. Program staff should receive these reports within 30 days of your accreditation anniversary date. NJLEAC requires that your agency’s annual fee be submitted with your annual report. This fee is one third (1/3) the regular accreditation fee for your agency. (see addendum 1) 21 Post Assessment File maintenance is an ongoing endeavor. The Accreditation Manager should plan on reviewing each file on a regular basis and constantly be watching for proofs of compliance that can be used when NJLEAC sends the reaccreditation team to the agency in three years. The agency should never be without an Accreditation Manager. This will help to insure that all new policies and procedures adopted by the department are in compliance with the applicable NJLEAC standards. This in turn makes re-accreditation much easier. Final Thoughts Remember, assistance is available to you from the NJLEAC staff and many other law enforcement agencies throughout the State. That assistance is only a phone call away. As this accreditation program evolves in New Jersey, the process will be revised and streamlined to better serve your needs. We want you to succeed in your law enforcement agency accreditation endeavors. Please contact the staff with any suggestions you may have on improving the program. NJLEAC congratulates you for your vision to improve and enhance law enforcement services in your agency, community, and the State of New Jersey. 22 GLOSSARY Accreditation Manager: The person designated by the Chief Executive Officer of the law enforcement agency to administer and oversee the accreditation program for the agency. Arrest: Per Black’s Law Dictionary: To deprive a person of his/her liberty by legal authority. Biannually: Occurring twice a year. Biennially: Occurring every two years. Bimonthly: Occurring once every two months. Bullet: An itemized listing of multiple components within a standard statement, in alphabetized form, containing multiple mandates. Each bullet must stand alone when establishing compliance with the standard, with the proofs of compliance identified by every specific alphabetized requirement. Chain of Command: Formal lines of communication going downward or upward within the organizational hierarchy of the law enforcement agency through each successive level of command. Chief Executive Officer: The duly authorized and designated top administrator of the law enforcement agency. The Chief Executive Officer (CEO) or the Chief is the highest-ranking executive for the law enforcement agency who possesses ultimate command authority for the operation of the agency. Civilian: A non-sworn person, who has no arrest or police powers, employed or working for the law enforcement agency. Compliance Folder: A file folder identified by a standard number which contains, in order, the standard statement, compliance form, directive proofs of compliance, and documentary proofs of compliance. Custody: Legal and/or physical control of a person in the keeping or care of the law enforcement agency. Detainee: A person in the legal custody of the law enforcement agency, through arrest and custody, usually in a holding cell area within the agency. Evidence: Materials or things discovered or retrieved from a crime scene or other law enforcement incident. Extra Duty Employment: The secondary, outside the agency, employment of a law enforcement officer where the actual or potential use of law enforcement powers is expected or possible. Field Training: A program for recruit officers designed to enable them to apply classroom knowledge in closely supervised on-the-job situations. 23 Holding Cell Areas: A place commonly used for the temporary detention of prisoners for processing and awaiting arraignment. Holding cell areas are specifically used to securely house prisoners within the location of the law enforcement agency. Narrative: The narrative located below the standard statement, which serves as a guide regarding the intent of the standard. It is solely for clarification and is not a binding part of the standard. Patrol: The utilization of law enforcement agency personnel to provide the many and varied services to the public. Personnel: All sworn and non-sworn members employed and working on behalf of the law enforcement agency. Pursuit: An active attempt by law enforcement officers operating a law enforcement vehicle(s) to apprehend the occupant(s) of a motor vehicle when the driver of the vehicle is resisting the apprehension by ignoring audible or visual signal(s) to stop by the pursuing officer or by evasive tactics. Restraining Devices: Law enforcement equipment designed to restrict the mobility or movement of a prisoner, such as handcuffs, flex-cuffs, ankle chains, or other such devices. Selection: The agency procedures for choosing employees based on a known and established system. Standard: A recognized, measurable, and necessary professional requirement setting criteria for a specific process, function, service or procedure for law enforcement agency compliance. It establishes necessary provisions requiring adherence to the standard statement. Standard Compliance Form: A Commission produced form to be completed by the agency, which lists each required specific numerical standard to document compliance of the standard. Sworn Law Enforcement Officer: An employee of the agency who has the power and authority of the State of New Jersey, the political subdivision, or any other specified statutory entity to possess and exercise the powers of arrest or other law enforcement duties as specified by law or ordinance. Temporary Holding Area: A location within the law enforcement agency, which is used for a brief period of time to process, question, arraign, or test individuals who are in the custody or care of the law enforcement agency. These areas would only be used for a brief time until the processing is completed prior to the release of the person or until the person appears before a member of the judiciary. Written Directive: Any written document used to guide or affect the performance or conduct of agency personnel. The term includes policies, procedures, rules and regulations, general orders, special orders, memoranda, and instructional materials. 24 Index Letter of Intent, 2 mock assessment, 13 mock assessments multiple, 14 scheduling, 14 Other Documentation, 11 proofs of compliance types, 11 public hearing, 18 re-accreditation, 13 regular briefings, 4 Self Assessment, 10 Standard Compliance Form, 5 standard statement, 8 standards, 7 Tips, 6 Written Directives, 11 Accreditation defined, iv Accreditation Manager position requirements, 1 Accredited Agency Logo, 19 accredited status time period, 19 annual status reports, 19 agency tour, 17 length, 16 meal arrangements, 17 static display, 17 assessment room, 17 assessment team team leader, 17 Assessor Selection List, 16 certificate presentation, 19 certificate accredited status, 19 clerical support, 3 compliance issues disputing, 18 compliance types, 4 cross-compliance, 10 Disclaimer, iii Commission Review, 18 File maintenance, 20 folders, 5 25 Addendum 1 Fee Schedule for Accreditation and Re-Accreditation Size Number of Sworn Personnel Accreditation Fee Re-Accreditation Fee A 01 – 09 $3,000.00 $1,000.00 B 10 – 24 $4,000.00 $1,334.00 C 25 – 99 $5,000.00 $1,667.00 D 100 – 299 $6,000.00 $2,000.00 E 300 – 499 $7,000.00 $2,334.00 F 500+ $8,000.00 $2,667.00 26 *CALEA Recognition through NJLEAC $250 Application Fee + $200 Annual Fee Note: Commission policy states that agencies that withdraw from the NJ Law Enforcement Accreditation Program will not receive refund of program fees. NEW JERSEY STATE ASSOCIATION OF CHIEFS OF POLICE Law Enforcement Accreditation Program One Greentree Centre • Suite 201 Marlton, New Jersey 08053 Phone 856.988.5880 • Fax 856.810.0223 E-Mail: email@example.com Web: www.njsacop.org 27 BYLAWS OF THE NJSACOP NEW JERSEY LAW ENFORCEMENT ACCREDITATION COMMISSION Article 1.0 Introductory Provisions. Section 1.1. Name. The name of this Committee is the "New Jersey Law Enforcement Accreditation Commission," hereinafter referred to as the "Commission," a Committee of the New Jersey State Association of Chiefs of Police (NJSACOP). Section 1.2. Governance. The Commission shall be governed by up to nineteen (19) Commissioners, who comprise the Commission. The Commission shall be a policy-making body to establish, approve, and oversee all its program activities, subject to final approval by the NJSACOP Board of Officers. Article 2.0. Purposes. The Commission's overall purpose is to improve the delivery of law enforcement services, primarily through a law enforcement agency accreditation program, organized and maintained in the public interest. The Commission's specific purposes include: • to establish and maintain standards for the operation of law enforcement agencies; • to administer an accreditation process that encourages applicant agencies to come into compliance with those standards that are applicable to the agency on the basis of its size and the functions it performs; • to conduct an on-site assessment of the agency's compliance with applicable standards after the agency indicates it is in full compliance; • to recognize compliance with standards by issuance of a certificate of accreditation; • to conduct programs of education, training, and research and to publish the results thereof, which will further the other purposes of the Commission; • to accept fees, grants, gifts, bequests, and devises in support of the purposes of the Commission, consistent with the By-Laws and Constitution of the NJSACOP; • to assume such other responsibilities and to conduct such other activities as are compatible with the operation of such standard-setting, on-site assessment, and accreditation activities, generally. • to develop and maintain liaison and a close working relationship with national, regional, state, and local associations and agencies in the criminal justice and related fields for mutual assistance and the interchange of ideas and information, and to extend and strengthen cooperative working relationships with similar associations and agencies, when practical; REVISED 12/14/06 1 • to interpret for legislative and executive branches of government and the public the paramount importance of having fully qualified personnel in every area of the criminal justice field; to achieve high standards of recruitment and appointment of personnel on all levels; and to promote personnel management programs, employee development, and other essentials for the maintenance of high personnel standards; • to ensure that the business affairs and the programs of the Commission and its affiliates are conducted on a non-discriminatory basis; • to promote the concept of voluntary self-regulation inherent in the accreditation process; and • to cooperate with other private and public agencies in a manner that will lead to the improvement of the accreditation program and the delivery of law enforcement services. Article 3.0 Accreditation Program. Section 3.1. Voluntary Nature of the Program. The accreditation program is a voluntary program. Agencies may participate in the program or not, as they wish; agencies may withdraw from the program at any time without prejudice. The Commission discourages actions on the part of any person, group, or association to mandate law enforcement agency accreditation at state or national levels of government. Section 3.2. Standards. This Commission shall establish and maintain standards for law enforcement agencies that embody consideration of all administrative and professional aspects of their organization, management, and operations. These standards shall be made available to law enforcement agencies, and others, in publications of the Commission. Section 3.3. Business and Administrative Operations. The business and administrative operations of the Commission shall, where applicable, be conducted in conformance with its standards. Section 3.4. Accreditation Process. The Commission shall adopt self-assessment and onsite assessment report forms and procedures, conduct on-site assessments, make accreditation decisions, and issue certificates of accreditation, in accordance with policies and procedures from time to time adopted by the Commissioners, subject to approval by the NJSACOP Board of Officers. Section 3.5. Confidentiality. The Commission shall observe a strict policy of confidentiality on any and all reports, files, records, and other data received from client agencies pertaining to the accreditation process. The Commission shall not release assessment results without the prior consent of the client agency's chief executive officer or receipt of a lawful court order. REVISED 12/14/06 2 Materials given to the Commission as evidence of a client agency's compliance with standards will be kept by the Commission and will not be released, except in compliance with a state or federal court order. Article 4.0 Selection of Commissioners. Section 4.1. Composition. The Commission shall be comprised of up to nineteen (19) Commissioners, up to eleven (11) of whom (a majority) shall be law enforcement practitioners representing a broad spectrum of law enforcement agencies. The remaining up to eight Commissioners, at the time of their selection or reappointment, shall be chosen from other public- and private-sector groups. Section 4.2. Process of Selection. The Commissioners shall be selected by the NJSACOP Board of Officers. Selection and notification procedures shall be established by the NJSACOP Board of Officers. Said procedures shall be consistent with these Bylaws and as additionally set forth in the following subsections: 4.2.1. The NJSACOP Board of Officers shall have the full and ongoing responsibility for recruiting eligible and interested persons for appointment to the Commission and will publicize and otherwise encourage interested persons to serve on the Commission. 4.2.2. Names of eligible persons along with letters of application and/or resumes shall be forwarded to the Commission's Chair for distribution and review by Board of Officers and the Commission's Chair. 4.2.3. In order for any person to be considered for appointment to the Commission, letters of application and/or resumes must have been received by the Commission's Chair at least forty-five days prior to the Commission Chair's Annual Meeting per the provisions of Subsection 4.6.4. 4.2.4. The applications/resumes shall be forwarded to the NJSACOP Board of Officers at least thirty days prior to the annual meeting of the NJSACOP, which coincides with the NJSACOP Annual Training Conference. 4.2.5. The NJSACOP Board of Officers, during the annual meeting referred to in Subsection 4.6.4, shall make appointments to fill all existing vacancies. The Commission's Chair does not participate in the appointment process, but is present to serve as a resource person. 4.2.6. The NJSACOP Board of Officers has the responsibility to notify all persons of their appointments to the Commission. Section 4.3. Criteria for Selection of Law Enforcement Practitioners. The eleven law enforcement practitioners shall include representation from each of the respective levels of law enforcement agencies participating in the program. REVISED 12/14/06 3 Section 4.4. Criteria for Selection of Other Members. The eight public- and privatesector representatives shall include persons from the following five (5) categories: (1) Appointed local, county, and municipal government officials; (2) Elected local, county, and municipal government officials; (3) Appointed state officials, (4) Elected state officials; and (5) A representative from the New Jersey Public Safety Accreditation Coalition. Remaining vacancies shall be filled by a balanced representation from the following categories: labor, education, clergy, social work, business, and agencies of government. Section 4.5. Criteria for Selection and Reappointment. In the selection and reappointment of Commissioners, these criteria shall be met: 4.5.1. Apportioning. Commissioners shall be apportioned according to the categories named in Sections 4.3 and 4.4., and an effort shall be made to maintain balanced geographic representation. 4.5.2. Qualifications of Law Enforcement Practitioners. Law enforcement practitioners must, at the time of their selection or reappointment, meet the following qualifications: (1) be an active or retired Chief of Police; and (2) have a minimum of ten years of full-time experience in law enforcement. 4.5.3. Qualifications for Service and Reappointment. Commissioners meeting the criteria for initial appointment may serve for the period of their term regardless of subsequent position changes; however, they shall not be eligible for reappointment unless they meet the membership criteria of Sections 4.3 or 4.4. Section 4.6. Terms of Commissioners, Absences, and Filling Vacancies. 4.6.1. Terms of Commissioners. The terms of Commissioners shall be three years, or until their successor has been appointed, beginning on July1st, following their appointment. Nothing shall be construed herein as prohibiting the reappointment of eligible Commissioners to two additional terms exclusive of any unexpired term they may have been appointed to fill. 4.6.2 Consecutive Absences. In the event a Commissioner has two consecutive unexcused absences or three consecutive excused absences from annual, regular, or special meetings of the Commission, the Commissioners may, at the option of the absolute majority of REVISED 12/14/06 4 the Commission, remove the Commissioner. 4.6.3. Filling Non-scheduled or Unanticipated Vacancies on the Commission. In the event of a non-scheduled or unanticipated vacancy, or projected vacancy in the office of Commissioner, the Commission's Chair shall immediately notify NJSACOP Board of Officers, who shall select another person to fill the new or unexpired term of the vacated seat(s) within thirty days of the notification. 4.6.4. Commission Chair's Annual Meeting. The Commission Chair shall, at least once annually (during June), or more frequently as the need arises, meet with the NJSACOP Board of Officers for the purpose of selecting new Commissioners and discussing/resolving Commission matters of mutual concern. Article 5.0. The Program Manager Section 5.1. Qualifications. The Program Manager shall be an employee of the NJSACOP, selected by the NJSACOP Board of Officers and the NJSACOP Executive Director. Section 5.2. Job Description. The Program Manager’s job functions shall be as per the attached Job Description [attachment 1], which is found within the NJSACOP Policies and Procedures Manual. Article 6.0. Meetings of the Commission. Section 6.1. Regular Meetings. The Commission shall meet at least twice annually on such dates and at such places as may be designated, from time to time, by the Chair. The Annual Meeting shall be the last scheduled regular meeting of the year as prescribed by the Commissioners. Section 6.2. Special Meetings. Special meetings of the Commission may be called at any time by the Chair or by not less than one-third of the Commissioners then in office. Special meetings shall be held at such place or places as may be designated by the Chair subject to available funding therefor. Section 6.3. Notice of Meetings. Written notice of the place, date, and hour of every regular and special meeting shall be given to each Commissioner and NJSACOP Board of Officers. Notice of any Commission or committee meeting shall be given at least thirty days prior to such meeting. Such meetings may be conducted electronically (i.e., conference telephone call, television conference, etc.) if so directed by the Chair. Notice of all meetings of the Commission should include an agenda with supporting documents. Section 6.4. Adjourning/Reconvening. Any meeting of the Commission (regular, annual, or special), may adjourn from time to time to reconvene at the same or some other place. REVISED 12/14/06 5 Section 6.5. Quorum and Voting. At all meetings of the Commission, a majority of the Commissioners shall constitute a quorum for the transaction of business. Except in cases in which it is by charter, or by these Bylaws otherwise provided, the vote of a majority of such quorum at a duly constituted meeting shall be sufficient to approve and pass any measure or transact any Commission business. If a meeting lacks a quorum, the Commissioners present, by a majority vote and without notice other than by oral announcement, may adjourn the meeting until a quorum shall attend. At such reconvened meeting at which a quorum is present, any business may be transacted which might have been transacted at the original meeting, including ratification (through approval of a sense motion) or any action taken at the original meeting. Section 6.6. Absentee and Proxy Votes. No absentee or proxy votes shall be accepted. Section 6.7. Voting to Amend Standards. The Commissioners present shall have the power at any regular or special meeting, if notice thereof be included in notice of said meeting, to amend or repeal any standard of the Commission. Any addition, amendment, or repeal of any standard must be by vote of an absolute majority of the Commission and in accordance with policy established in this regard. Section 6.8. Minutes. Minutes shall be kept of the proceedings of all meetings of the Commission and Committees, as required. Section 6.9. Proceedings. Meetings of the Commission shall be governed by Robert's Rules of Order, except as modified or suspended by the Commission. Section 6.10. Order of Business. The order of business to be conducted at annual, regular or special meetings of the Commission shall be as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. Roll call. Approval of the minutes of the preceding meeting. Reports of Chair/Executive Director. Reports of any standing committees. Reports of any ad hoc task forces. Old and unfinished business. New business. Administrative. Adjournment. Article 7.0. Committees of the Commission. The following are standing committees of the Commission: Section 7.1. The Outreach Committee. This Committee is responsible for: Public Information Policy: The Committee reviews and recommends additions, REVISED 06/18/03 6 deletions, and changes in the Public Information Policy. The policy articulates the public information requirements that each agency must meet to be accredited, as well as the requirements fulfilled by the Commission with regard to agencies participating in the program. Outreach Programs: The Committee recommends activities involving other Commissioners that will build awareness and positive perceptions of the accreditation program within law enforcement agencies and other groups, such as state and local government, corporate leadership, foundations, and the general public. The Committee recommends activities that expand sources of financial support for the accreditation program. Emblem Display and Use: The Committee reviews and recommends policies regarding the use and display of the Commission's official logo and colors. Other: The Committee will undertake other responsibilities as assigned by the Commission Chair. Section 7.2. Standards Review and Interpretations Committee. This Committee will consider and act upon requests to revise the text of the Standards Manual, and will recommend to the full Commission (1) amendments to and deletions of existing standards, commentaries, levels of compliance, glossary terms, and introductory narratives; (2) additions of new standards, commentaries, levels of compliance, glossary terms, and chapters. The Committee will also review and act on waiver requests, conduct hearings and rule on appeals of staff decisions, enforce compliance with standards, and interpret standards. The Committee shall be comprised of two standing subcommittees -- one for standards review; the other for interpretations -- which, at the direction of the Committee Chair, may meet separately in order to ensure the timely conduct of Commission business. Following Committee and Commission preliminary approval, staff will submit recommendations to accredited agencies, agencies in self-assessment that request an opportunity to comment. Replies will be analyzed by staff and revisions made as necessary. Staff's recommendations will be submitted to the Standards Review and Interpretations Committee for approval and then to the Commission for final approval. Following final approval by the Commission, amendments will be incorporated into the Standards Manual. Requests for revisions to the Standards Manual can be expected from agencies, citizens, other committees of the Commission, and staff, among others. As directed by the Standards Review and Interpretations Committee, staff will study the requests and make recommendations to the Committee. Notwithstanding any of the foregoing, the CALEA Recognition Standards shall be applied and interpreted as required by CALEA, and shall remain in effect during the entire duration of an Alliance Agreement between the NJSACOP and CALEA. Waiver Requests: The Committee will review agencies' requests for waivers and recommend approval or disapproval to the full Commission. (Note that waivers are REVISED 06/18/03 7 provisionally granted, pending the on-site examination by Commission assessors, who are instructed to confirm agencies' representations about the waiver request and report their findings.) Appeals: The Committee will review agencies' appeals of staff decisions and forward its recommendations to the full Commission. Appeals may be prompted by staff decisions in such areas as agency eligibility, identification of applicable standards, waiver requests, interpretations of standards, adequacy of self-assessment documentation, on-site assessment findings, and reaccreditation issues. Compliance Enforcement: The Committee will conduct inquiries regarding reports from Commissioners, staff, agency annual reports, or third parties alleging that accredited agencies are not in compliance with one or more applicable standards. Upon completion of this inquiry, the Committee will recommend an appropriate action to the full Commission. Interpretations: The Committee will interpret standards statements for agencies and staff. The Committee will undertake other projects as assigned by the Chair. Section 7.3. The Agency Review Committees. These Committees will consider those agencies being presented by staff and recommended by an on-site assessment team to be accredited or reaccredited. A selected individual committee member will serve as a review leader for a particular agency and lead the review discussion considering the final report submitted by the assessment team, pose inquiries of concerns to the agency, and receive additional information from staff as needed. Upon completion of the review of an agency by all Committee members, the Committee shall recommend to the full Commission what action and/or disposition is appropriate for each particular agency. The Committee's recommendation should be one of the following: (1) Accredited. The agency is in full compliance with all applicable mandatory standards and with the required percentage of applicable non-mandatory standards. (2) Accredited-with-a-time-limit. The agency has not achieved the required compliance with applicable standards. This may result from circumstances beyond the agency's immediate control. The Commission continues to recognize the agency's accredited status but only for a specified period not to exceed nine months, during which time the agency must remedy deficiencies by pursuing a plan of action submitted to, and approved by, the Commission. (3) Accredited-with-condition(s). The Commission designates the agency as accredited but requires that the agency take specified measures or precautions to cope with current or REVISED 06/18/03 8 anticipated events or conditions threatening or preventing compliance. The Commission shall monitor the agency as appropriate. (4) Accreditation lapsed. The agency has not achieved required compliance with applicable standards. The Commission regards the agency as no longer accredited. The agency is required to remove from view any indications of accredited status. (5) Accreditation withdrawn. Apart from the above four Commission-initiated designations, an agency may decide to discontinue its participation in the accreditation program. If so requested, the Commission will designate the agency as "withdrawn." In such a case, the agency must remove from view any indications of accredited status. Section 7.4. Committee Appointments. The Chair of the Commission is responsible for the appointments of Commissioners to the Standing Committees and Ad Hoc Task Forces in accordance with Robert's Rules of Order. Section 7.5. Ad Hoc Task Forces. The Commission Chair may create Ad Hoc Task Force as deemed necessary. The Commission Chair shall be responsible for the appointment of Commissioners to these Ad Hoc Task Forces. Any Ad Hoc Task Force can be designated a Standing Committee with the recommendation of the Commission Chair and the approval of an absolute majority of the Commission. Article 8.0 Commission Advisory Board Section 8.1 Composition. The Commission may enlist, as an Advisory Board, the Executive Directors of professional organizations that are recognized for their prominence in national, state, and local government affairs. These organizations may include, but are not limited to, the New Jersey Association of Counties, New Jersey Municipal Attorneys Association, New Jersey State League of Municipalities, and New Jersey Conference of Mayors. Section 8.2 Role. The Advisory Board shall provide non-binding guidance to the Commission on issues and concerns that impact the community, the criminal justice system, and the Commission. Section 8.3 Selection. The composition of the Advisory Board shall be reviewed annually by the full Commission at its June meeting. At that time, the full Commission may recommend additions to or deletions from the Board. Following this meeting, the Commission Chair shall notify the Executive Directors of the designated organizations of the Commission's request for their alliance and service. Section 8.4 Meetings. The Commission shall meet at least once annually with the Advisory Board, if such Board is created, as a group, for the purpose of: advising the Commission on policy issues pertaining to rules and procedures; providing input on accreditation standards, the accreditation process, and other REVISED 06/18/03 9 law enforcement concerns; identifying, discussing, and providing direction on issues, internal and external, that impact accreditation; being a resource for information and direction pertaining to law enforcement projects and programs; providing advice on marketing strategies and potential growth markets. This annual meeting shall not preclude the Commission from soliciting the Advisory Board's assistance or counsel, formally or informally, at other times when the need arises. Article 9.0. Sundry Provisions. Section 9.1. Commission Logo. The Commission's logo, as reproduced on the last page of these Bylaws, is for Commission use alone. The Commission may, however, grant accredited agencies permission to reproduce the logo on their stationary, printed reports, and other appropriate uses. Section 9.2. Statements in Name of the Commission. Statements in the name of the Commission shall be made only by the Chair or NJSACOP Executive Director. Statements made by Commissioners do not necessarily represent the official position or policies of the Commission. Section 9.3. Headings. The captions and headings of these Bylaws are intended for convenience and reference only, do not affect the construction or meaning of these Bylaws and further do not inform a party of the covenants, terms or conditions of these Bylaws or give full notice thereof. Section 9.4. Severability. Whenever there is any conflict between any provision of these Bylaws and any present or future statute, law, ordinance or regulation contrary which would cause to invalidate such provision, the latter shall prevail, but in such event the provision of these Bylaws thus affected shall be curtailed and limited to the extent necessary to bring it within the requirement of the law. In the event that any of the provisions of these Bylaws, or any application thereof, is declared to be invalid, illegal, unenforceable, inoperative or of no effect by any court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions of these Bylaws, and any other application thereof, shall continue to apply with full force and effect and shall not in any way be affected or impaired thereby. Article 10.0 Amendment of Bylaws. Upon notice of not less than thirty days prior to the next regular or special meeting, the Commissioners shall have the power to alter or repeal any Bylaws of the Commission and to make new Bylaws. Any addition, amendment or repeal of any provision of the Bylaws must be by vote of an absolute majority of the Commission, with the exception of Sections 4.3, 4.4, 4.5, 4.6, and 10.0, which shall require a vote of an absolute two-thirds of the Commission (thirteen REVISED 06/18/03 10 Commissioners). Any such changes to the Bylaws of the Commission are subject to the approval or disapproval of the NJSACOP Board of Officers. Article 11.0. Dissolution. This Commission may be voluntarily dissolved by way of official action by the NJSACOP Board of Officers or the NJSACOP Executive Committee, in accordance with the Bylaws, Constitution, and Policies and Procedures Manual of the New Jersey State Association of Chiefs of Police. Article 12.0. Interested Commissioners and Officers. No contract or transaction between the Commission and one or more of its Commissioners or officers, or between the Commission and any other corporation, partnership, association [with the exception of the NJSACOP], or other organization in which one or more of its Commissioners or officers are Commissioners or officers or have a financial interest, shall be entered into unless the material facts as to the Commissioner's or officer's relationship or interest and as to the contract or transaction are disclosed or are known to the Commissioners, and the Commissioners in good faith authorize the contract or transaction by the affirmative votes of two-thirds of the disinterested Commissioners, even though the disinterested Commissioner be less than a quorum. Common or interested Commissioners may be counted in determining the presence of a quorum at a meeting of the Commissioners. Article 13.0. Indemnification of Commissioners and Officers Section 13.1. The NJSACOP shall indemnify each Commissioner and each officer who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Commission) by reason of the fact that the Commissioner or officer is or was a Commissioner or officer of the Commission, or is or was serving at the request of the Commission as a Commissioner or officer of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by the Commissioner or officer in connection with such action, suit or proceeding if the Commissioner or officer acted in good faith and in a manner such Commissioner or officer reasonably believed to be in or not opposed to the best interests of the Commission, and, with respect to any criminal action or proceedings, had no reasonable cause to believe such conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in or not opposed to the best interests of the Commission, and, with respect to any criminal action or proceeding, had reasonable cause to believe that such conduct was unlawful. REVISED 06/18/03 11 Section 13.2. The NJSACOP shall indemnify each Commissioner and each officer who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the Commission to procure a judgment in its favor by reason of the fact that the Commissioner or officer is or was a Commissioner or officer of the Commission, or is or was serving at the request of the Commission as a Commissioner or officer of another corporation, partnership, joint venture, trust or other enterprise against expenses (including attorneys' fees) actually and reasonably incurred by the Commissioner or officer in connection with the defense or settlement of such action or suit if such person acted in good faith and in a manner the person reasonably believed to be in or not opposed to the best interests of the Commission and except that no indemnification shall be made in respect of any claim, issue or matter as to which such Commissioner or officer shall have been adjudged to be liable for negligence or misconduct in the performance of the Commissioner's or officer's duty to the Commission unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite that adjudication or liability but in view of all the circumstances of the case, such Commissioner or officer is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. Section 13.3. To the extent that a person who is or was a Commissioner, officer, employee or agent to the Commission, or of any other corporation, partnership, joint venture, trust or other enterprise with which such person is or was serving in such capacity at the request of the Commission, has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in Sections 13.1 and 13.2, or in defense of any claim, issue or matter therein, such person shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by that person in connection therewith. Section 13.4. Any indemnification (unless ordered by a court) shall be made by the Commission only as authorized in the specific case upon a determination that indemnification of the Commissioner or officer is proper in the circumstances because the Commissioner or officer has met the applicable standard of conduct set forth in Sections 13.1 and 13.2. Such determination shall be made (1) by the Commission by a majority vote of a quorum consisting of Commissioners who were not parties to such action, suit or proceeding, or (2) if such a quorum is not obtainable, or, even if obtainable but a quorum of disinterested Commissioners so directs, by independent legal counsel in a written opinion. Section 13.5. The indemnification provided by this article shall not be deemed exclusive of any other rights to which a Commissioner or officer seeking indemnification may be entitled under any statues, provision in the NJSACOP’s articles of incorporation, Bylaws, agreement, vote of disinterested Commissioners or otherwise, both as to action in the Commissioner's or officer's official capacity and as to action in another capacity while holding such office, and shall continue as to a person who has ceased to be a Commissioner or officer and shall inure to the benefit of the heirs, executors and administrators of such a person. Section 13.6. The NJSACOP shall have power to purchase and maintain insurance on behalf of any person who is or was a Commissioner, officer, employee or agent of the Commission, or is or was serving at the request of the Commission as a Commissioner, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise REVISED 06/18/03 12 against any liability asserted against such person and incurred by such person in any such capacity, or would have the power to indemnify such person against such liability under the provisions of this article. Section 13.7. For purposes of this article, references to "the Commission" shall include, in addition to the resulting Commission, any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its Commissioners, officers, and employees or agents, so that any person who is or was a Commissioner, officer, employee or agent of such constituent corporation, or is or was serving at the request of such constituent corporation as a Commissioner, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, shall stand in the same position under the provisions of this article with respect to the resulting or surviving corporation as such person would have with respect to such constituent corporation if its separate existence had continued. Section 13.8. The invalidity or unenforceability of any provision in this article shall not affect the validity or enforceability of the remaining provisions of this article. REPRODUCTION OF THE COMMISSION'S LOGO REVISED 06/18/03 13