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Thursday, July 10, 2008

John G. McElwee v. Borough of Fieldsboro

5-29-08 A-1230-06T3

We affirm the municipality's removal of appellant as a police officer, concluding that: 1) appellant's refusal to work the later shift on certain days and his failure to comply with a directive that he devote a substantial amount of his time to
patrol constitute serious misconduct; 2) the municipality's complaint was not barred by N.J.S.A. 40A:14-147 because the requirement that a complaint be filed within forty-five days after sufficient information is obtained to file the charges
does not apply when a complaint is based on misconduct; 3) the municipality was not precluded from filing the charges because it had not adopted internal affairs guidelines in accordance with N.J.S.A. 40A:14-181; and 4) progressive discipline is not required in this matter due to the seriousness of the charges.