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Understanding the 45-day Rule is the Key to Preserving Valid Disciplinary Charges

By David Minchello

Every police and fire department in the State of New Jersey relies upon the effective implementation of discipline to ensure an efficient and well-run organization.  However, it is not enough to simply bring charges against an officer in need of discipline.  It is imperative that those charges be sustained in local hearings, the Office of Administrative Law, and the Superior of Court of New Jersey.

Unfortunately, the prosecution of these charges can often be derailed by a defense attorney’s application of the “45-Day Rule” defense. Specifically, the 45-Day Rule (codified in N.J.S.A. 40A:14-147 for police and N.J.S.A. 40A:14-28.1 for firefighters) mandates that a disciplinary charge alleging a violation of a department’s internal rules and regulations must be filed within 45 days of the date on which the person filing the charge obtained sufficient information to file the charge.  If the 45-Day Rule is violated, the disciplinary charges are to be dismissed. 

 The 45-day rule is often used as a means to invalidate an otherwise viable disciplinary charge.  However, there are several exceptions to the 45-Day Rule which can resuscitate a seemingly lost disciplinary case.

For instance, the 45-day rule only applies to violations of the internal rules and regulations of a police department, not statutory misconduct or other related activities.  Therefore, it is imperative to include charges under Title 4A of the New Jersey Administrative Code when drafting disciplinary charges.  Title 4A provides a panoply of causes for discipline which courts have consistently held are not subject to the 45-Day Rule.

In the event that a department has failed to include violations of Title 4A, all is not yet lost.  Consider that the 45-day rule does not run from the date of the incident.  The charges must be brought from the date the person filing the charge obtained sufficient information to file the charge.  Further, courts have recently held that the 45-day clock does not begin until the individual authorized to bring the charges has obtained sufficient information to file the charges.  Therefore, the mere completion of an investigation into a disciplinary charge will not trigger the 45-day rule.  This rule will only come into effect after the officer responsible for implementing discipline has become aware of the charges (i.e. Police Chief, Police Director, etc.).  Hopefully, both of these exceptions will push back the clock on the 45-Day rule and ensure that the charges are not dismissed.

Ultimately, a careful review of the exceptions to the 45-Day Rule is the best chance to preserve a disciplinary charge which would otherwise be dismissed on a procedural technicality.  Ventantonio and Wildenhain PC has extensive experience in matters such as these and is available to review and represent your police or fire department.

For more information contact David Minchello.

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