BOONTON TOWNSHIP POLICE DEPARTMENT 

POLICY & PROCEDURES 

 

 Description: Boonton Township


VOLUME: 2 

CHAPTER: 16 

# OF PAGES: 4 

 

 

SUBJECT: EARLY WARNING SYSTEM 

 

BY THE ORDER OF: Paul Fortunato 

 Chief of Police 

ACCREDITATION STANDARDS: 

2.2.3 

Effective Date: 

12-11-2014 

Date Of Last Revision: 

03/28/2018 



 

PURPOSE: The purpose of this written directive is to establish a personnel early warning system. 

 

POLICY: It is the policy of this department to implement and utilize an early warning system for 
tracking and reviewing incidents of risk and provide timely intervention consistent with 
Attorney General Guidelines. 

 


 

PROCEDURE: 

 

I. EARLY WARNING SYSTEM 

 

A. An Early Warning System (“EW System”) is an important management tool 
designed to detect patterns and trends in police conduct before the conduct 
escalates. An effective EW System can assist a law enforcement agency in 
identifying and remediating problematic officer conduct that poses a potential risk 
to the public, to the agency, and to the officer. EW Syatems, therefore, serve to not 
only increase public safety and public confidence in law enforcement, but also to 
assist officers through early intervention. It is not identical to the disciplinary 
process although it is possible that disciplinary action may be taken as a result of 
evidence that rules and regulations were violated. The primary intent of an EW 
System is to address potential problems through the use of appropriate 
management and supervisory strategies before formal discipline is warranted. 

 

B. Many different measures of employee performance (actions or behaviors) can be 
regularly examined for patterns or practices that may indicate potential problems. 
These performance measures may include, but are not limited to, the following 
documented indicators: 

 

1. Internal affairs complaints against the officer, whether initiated by another 
officer or by a member of the public; 

2. Civil actions filed against the officer; 

3. Criminal investigations or criminal complaints against the officer; 

4. Any use of force by the officer that is formally determined or adjudicated to 
have been excessive, unjustified, or unreasonable. This includes 
discharges and use of non-deadly force; 

5. Domestic violence investigations in which the officer is an alleged subject; 

6. An arrest of the officer, including on a driving under the influence charge; 

7. Sexual harassment claims against the officer; 

8. Vehicular collisions involving the officer that are formally determined to be 
the fault of the officer; 

9. A positive drug test by the officer; 

10. Cases or arrests by the officer that are rejected or dismissed by a court; 

11. Cases in which evidence obtained by an officer is suppressed by a court; 

12. Insubordination by the officer; 

13. Neglect of duty by the officer; 

14. Unexcused absences by the officer; and 

15. Any other indicators, as determined by the agency’s Chief executive. 

 

C. At a minimum, three (3) separate instances of performance indicators (listed 
above) within a twelve (12) - month period will trigger the EW System review 
process. If one incident triggers multiple performance indicators, that incident shall 
not be double or triple-counted, but instead shall count as only one performance 
indicator. The Chief executive may in his or her discretion determine that a lower 
number of performance indicators within a twelve (12) month period (i.e., one or 
two performance indicators) will trigger the EW System review process. 

 

D. Administration and Tracking 

 The agency’s Chief executive shall assign personnel to conduct the EW System 
function. Typically, the EW System should be administered by the agency’s 
Internal Affairs Unit. Supervisory officers in the subject officer’s chain of command 
should also be directly involved in any EW System review process. 

 


 Every department shall adopt a tracking system to enable the department to 
identify officers who display the requisite number of performance indicators 
necessary to trigger the EW System review process. Personnel assigned to 
manage the EW System shall audit the agency’s tracking system and records at 
least every six months to access the accuracy and efficiency of the tracking 
system. 

 

E. Remedial / Corrective Action 

 Once an officer has displayed the requisite number of performance indicators 
necessary to trigger the EW System review process, assigned supervisory 
personnel shall initiate remedial action to address the officer’s behavior. 

 

 When an EW System review process is initiated, personnel assigned to oversee 
the EW System should (1) formally notify the subject officer, in writing; (2) 
conference with the subject officer and appropriate supervisory personnel; (3) 
develop and administer a remedial program including the appropriate remedial / 
corrective actions listed below; (4) continue to monitor the subject officer for at 
least three months, or until the supervisor concludes that the officer’s behavior has 
been remediated (whichever is longer); (5) document and report findings to the 
appropriate supervisory personnel and, if warranted, the Internal Affairs Unit. Any 
statement made by the subject officer in connection with the EWS System review 
process may not be used against the subject officer in any disciplinary or other 
proceeding. 

 

 Remedial / Corrective action may include but is not limited to the following: 

 

 1. Training or re-training 

 2. Counseling 

 3. Intensive supervision 

 4. Fitness-for-duty examination 

 5. Employee Assistance Program (EAP) referral; and 

 6. Any other appropriate remedial or corrective action 

 

F. Notification to subsequent Law Enforcement Employer 

If any officer who is or has been subject to an EW System review process applies 
to or accepts employment at a different law enforcement agency than the one 
where he or she underwent the EW System review process, it is the responsibility 
of the prior or current employing law enforcement agency to notify the subsequent 
employing law enforcement agency of the officer’s EW System review process 
history and outcomes. Upon request, the prior or current employing agency shall 
share the officer’s EW System review process files with the subsequent employing 
agency. 

 

G. Notification to County Prosecutor 

 Upon initiation of the EW System review process, the agency’s Chief executive or 
a designee shall make a confidential written notification to the County Prosecutor 
or his/her designee of the identity of the subject officer, the nature of the triggering 
performance indicators, and the planned remedial program. Upon completion of 
the EW System review process, the agency’s Chief executive shall make a 
confidential written notification to the County Prosecutor of his/her designee of the 
outcome of the EW System review, including any remedial measures taken on 
behalf of the subject officer. 

 

 

 

 


II. PUBLIC ACCESSIBILITY AND CONFIDENTIALITY 

 

All EW System policies adopted by law enforcement agencies shall be made available to 

the public upon request and shall be posted on the agency’s website. Annual reports from 

the County Prosecutor to the Attorney General shall also be made available to the public 

upon request and shall be posted on the agency’s website. 


BOONTON TOWNSHIP POLICE DEPARTMENT 

POLICY & PROCEDURES 

 
_________________________________________________________________________________________________________
 

POLICY AND PROCEDURE #: 

VOLUME 2 CHAPTER 4 

# OF PAGES: 15 

 

 

SUBJECT: LAW ENFORCEMENT DRUG TESTING 

 

BY THE ORDER OF: Paul Fortunato 

 Chief of Police 

ACCREDITATION STANDARDS: 

 

Effective Date: 

04/17/2018 

Date Of Last Revision: 

 



 

 

PURPOSE: The purpose of this directive is to outline procedures to be followed by this 
Department in administering drug testing to Boonton Township Police Officers. 

 The procedures contained herein shall be in accordance with the New Jersey 

 Attorney General’s Law Enforcement Drug Testing Policy revised May 2012, 

 and New Jersey Attorney General’s Law Enforcement Directive No. 2018-2. 

 This policy shall serve as notification to all employees of this agency’s drug 

 Testing policy. 

 

POLICY: It is the policy of this department that the critical mission of law enforcement 
justifies maintenance of a drug free work environment through the use of a 
reasonable employee drug-testing program. It shall be the policy of the Boonton 

 Township Police Department to conduct reasonable suspicion and random drug 

 testing of applicable employees contained in this policy. 

 

 Therefore, in order to ensure the integrity of the department, and to preserve 
public trust and confidence in a fit and drug-free law enforcement profession, this 
department shall implement a drug-testing program to detect prohibited drug use 
by all sworn officers. 

 

 This Directive shall be in compliance with the New Jersey Attorney General’s 
Law Enforcement Mandatory Drug Testing Policy and is considered an annex to 
the Rules and Regulations of the Boonton Township Police Department. 

 

 

PROCEDURES: 

 

 I. PROHIBITED ACTIVITY 

 

 1. No employee shall illegally possess any controlled substance. 

 

 2. No employee shall ingest any controlled or other dangerous substance, 


 unless as prescribed by a licensed medical practitioner. 

 

 a. Employees shall notify their immediate supervisor when 

 required to use prescription medicine which they have been 

 informed has the potential to impair job performance. The 

 employee shall advise the supervisor of the known side effects 

 of such medication, and the prescribed period of use. 

 b. Supervisors shall document this information through the use of 

 internal memorandum forwarded to the Internal Affairs 

 Supervisor. 

 

 c. The employee may be temporarily reassigned to other duties 

 appropriate and if possible. 

 

 3. No employee shall ingest any prescribed or over-the-counter 

 medication in amounts beyond the recommended dosage. 

 

 4. Any employee who unintentionally ingests, or is made to ingest a 

 controlled substance shall immediately report the incident to their 

 supervisor so that appropriate medical steps may be taken to 

 ensure the officer’s health and safety. 

 

 5. Any employee, having a reasonable basis to believe that another 

 employee is illegally using or in possession of any controlled 

 substance, shall immediately report the facts and circumstances to 

 their supervisor. 

 

 II. APPLICABILITY 

 

 1. This policy applies to: 

 

 a. Applicants for a position s a law enforcement officer who, if 

 appointed, will be responsible for the enforcement of the 

 criminal laws of the State and will be authorized to carry a 

 firearm under NJSA 2C:39-6. 

 

 b. Law enforcement officer trainees subject to the Police Training 

 Act while they attend a mandatory basic training course. 

 

 c. Sworn law enforcement officers who are responsible for the 

 enforcement of the criminal laws of this State; come under the 

 jurisdiction of the Police Training Act; and are authorized to 

 carry a firearm under NJSA 2C: 39-6. 

 

 

 III. TYPES OF DRUG TESTING 

 

 1. Police Officer Applicants 

 

 a. Applicants for the position of a sworn law enforcement officer will be 

 required to submit a urine specimen at any time prior to 


 appointment. 

 

 2. Law Enforcement Trainees 

 

 a. Trainees will be required to submit one or more urine specimens for 

 testing while they attend a mandatory basic training course. All 

 drug testing conducted during mandatory basic training will comply 

 with rules and regulations established by the Police Training 

 Commission. 

 

 b. Individual trainees may also be required to submit a urine 

 specimen for testing when there exists reasonable suspicion to 

 believe that the trainee is illegally using drugs. A trainee shall be 

 ordered to submit to a drug test based on reasonable suspicion 

 only with the approval of the County Prosecutor and/or the 

 Academy Director. 

 

 3. Sworn Law Enforcement Officers 

 

 a. Urine specimens shall be ordered from sworn law enforcement 

 officers when there exists a reasonable suspicion to believe that the 

 officer is illegally using drugs. Urine specimens shall not be ordered 

 from an officer without the approval of the County Prosecutor or the 

 Chief of Police. 

 

 b. Urine specimens may be ordered from law enforcement officers 

 who have been randomly selected to submit to a drug test. Random 

 selection shall be defined as a method of selection in which each 

 and every sworn member, regardless of rank or assignment, has an 

 equal chance to be selected for drug testing each and every time a 

 selection is conducted. 

 

 c. Urine specimens may be collected from law enforcement officers 

 during a regularly scheduled and announced medical examination 

 or a fitness for duty examination. However, analysis of these 

 specimens is not governed by this policy. 

 

 IV. NOTIFICATION OF DRUG TESTING PROCEDURES 

 

 1. Applicants 

 

 a. The Boonton Township Police Department shall test applicants for 

 law enforcement positions and must notify those applicants that the 

 pre-employment process will include drug testing. The notification 

 will also indicate that a negative result is a condition of employment 

 and that a positive result will: 

 

 . Result in the applicant being dropped from consideration for 

 Employment. 

 . Cause the applicant’s name to be reported to preclude the 

 applicant from being considered for future law enforcement for a 


 period of two years from the date of the drug test. 

 

 b. In addition, the notification will indicate that if the applicant is 

 currently employed by another agency as a sworn law enforcement 

 officer and the officer tests positive for illegal drug use, the officer’s 

 employing agency will be notified of the test results and the officer 

 will be terminated from employment and permanently barred from 

 future law enforcement employment in New Jersey. 

 

 2. Law Enforcement Trainees 

 

 a. All newly appointed law enforcement officers shall be informed that 

 drug testing is mandatory during basic training. Newly appointed 

 officers shall also be informed that a negative result is a condition of 

 employment and that a positive result will result in: 

 

 . The officer’s termination from employment. 

 . Inclusion of the officer’s name in the central drug registry 

 Maintained by the Division of State Police. 

 . The officer being permanently barred from future law enforcement 

 Employment in New Jersey. 

 

 b. Newly appointed officers shall be further informed that the refusal to 

 submit to a drug test shall result in their dismissal from employment 

 and a permanent ban from future law employment in New Jersey. 

 

 c. Each police academy shall include in its rules and regulations a 

 provision implementing drug testing during basic training. 

 

 3. Sworn Law Enforcement Officers: Reasonable Suspicion Testing 

 

 a. In accordance with this written directive, individual law enforcement 

 officers will be ordered to submit to a drug test when there is a 

 reasonable suspicion to believe that the officer is illegally using 

 drugs. 

 

 b. Before an officer may be ordered to submit to a drug test based on 

 reasonable suspicion, the agency shall prepare a written report 

 which documents the basis for the reasonable suspicion. The report 

 shall be reviewed by the County Prosecutor or the Chief of Police 

 before a reasonable suspicion test may be ordered. Under emergent 

 circumstances, approval may be given for a reasonable suspicion 

 test on the basis of a verbal report. 

 

 c. A negative result is a condition of employment as a sworn officer 

 and that a positive result will result in the following for a sworn 

 officer: 

 

 . The officer’s termination from employment. 

 . Inclusion of the officer’s name in the central registry maintained 

 by the Division of State Police. 


 . The officer being permanently barred from future law enforcement 

 in New Jersey. 


 d. Law enforcement officers who refuse to submit to a drug test based 

 on reasonable suspicion after being lawfully ordered to do so are 

 subject to the same penalties as those officers who test positive for 

 the illegal use of drugs. A sworn law enforcement officer who 

 resigns or retires after receiving a lawful order to submit a urine 

 specimen for drug testing and who does not provide the specimen 

 shall be deemed to have refused to submit to the drug test. 

 

 4. Random Drug Testing 

 

 a. All sworn members of the Boonton Township Police Department are 

 eligible for random drug testing, regardless of rank or assignment. 

 

 b. At least 10 percent of the total number of sworn officers shall be 

 randomly tested each time. At a minimum, random drug testing shall 

 be conducted at least once in the remainder of 2018 and at least 

 twice in every subsequent calendar year. 

 

 c. There shall be no prior notice given of the dates of the selection 

 process or the collection of samples from the selected employees. 

 

 d. A method of random selection has been established, which ensures 

 that every probationary or sworn officer in the Boonton Township 

 Police Department has an equal chance to be selected for a testing 

 each and every time a selection takes place, regardless of rank, and 

 regardless of the fact that one or more officers were randomly 

 selected for testing at a prior selection process during the same 

 calendar year. 

 

 e. In the event that an individual randomly selected for drug testing is 

 not available, (vacation, sick, or other short term excused absence), 

 they will provide a specimen to be tested to the monitor on their next 

 working day. If the individual who has been randomly selected is on 

 extended sick or medical leave then an alternate individual will be 

 randomly selected in their place. 

 

 f. The selection process shall be monitored and witnessed by the 

 following: 

 

 . PBA Representative 

 . Chief of Police or designee 

 . Internal Affairs representative 

 

 g. The selection process and the names of the officers selected will be 

 documented in a written report prepared by the Internal Affairs 

 Officer or his designee. The report will be stored in the Internal 

 Affairs files. 

 


 h. Any member of this agency who discloses the identity of an officer 

 selected for random testing or the fact that a random selection is 

 scheduled to take place prior to the collection of urine specimens 

 shall be subject to discipline. 

 

 i. Officers selected for random drug testing will be notified while on 

 duty by the Internal Affairs Officer and required to submit a urine 

 specimen at that time. The specimen acquisition process will be kept 

 confidential. 

 

 j. Officers who refuse to submit to a random drug test when randomly 

 selected are subject to the same penalties as those officers who test 

 positive for the illegal use of drugs. 

 

 k. An officer who resigns or retires after receiving a lawful order to 

 submit a urine specimen for drug testing and who does not provide 

 the specimen shall be deemed to have refused to submit to the drug 

 test. 

 

 l. As defined in NJSA 40A:14-118, random drug testing cannot be 

 implemented until rules and regulations establishing such a 

 procedure have been in effect for a minimum of 60 days. 

 

 V. SPECIMEN ACQUISITION PROCEDURES 

 

 1. Preliminary Acquisition Procedure 

 

 a. The Police Chief shall designate a member of his/her staff to serve 

 the as monitor of the specimen acquisition process. The monitor 

 shall always be of the same sex as the individual being tested. In 

 the event there is no member of the same sex available from this 

 agency, this agency may request that a member of the same sex 

 from another law enforcement agency serve as monitor of the 

 process. 

 

 1. Should the Chief of Police be selected at random, the Operations 

 Officer shall monitor the taking of samples. 

 

 b. The monitor of the specimen acquisition process shall be 

 responsible for: 

 

 1. Ensuring that all documentation is fully and accurately completed 

 By the individual submitting the specimen. 

 

 2. Collecting specimens in a manner that provides for individual 

 Privacy while insuring the integrity of the specimen. 

 

 3. Complying with chain of custody procedures established for the 

 Collection of urine specimens and their subsequent submission 

 to the New Jersey State Toxicology Laboratory within the 

 Division of Criminal Justice for analysis. 


 

 c. Prior to the submission of a specimen, an applicant for a law 

 enforcement position shall execute a form consenting to the 

 collection and analysis of their urine for illegal drugs. 

 (Attachment A). This form shall advise the applicant that a negative 

 result is a condition of employment and that a positive result will: 

 

 1. Result in the applicant being dropped from consideration for 

 Employment. 

 

 2. Cause the applicant’s name to be reported to the central drug 

 Registry maintained by the Division of State Police. 

 

 3. Preclude the applicant from being considered for future law 

 Enforcement employment for a period of two years. 

 

 d. Applicants shall not complete a medical questionnaire (Attachment 

 B) prior to the submission of a specimen unless they have already 

 received a conditional offer of employment. However, applicants 

 who have not received a conditional offer of employment can be 

 required to complete a medical questionnaire if, following 

 submission of their specimen to the State Toxicology Laboratory for 

 analysis, the law enforcement agency receives a report indicating 

 that the specimen is positive for a controlled substance. 

 

 e. Prior to submission of a urine specimen, a trainee enrolled in a basic 

 training course shall execute a form (Attachment C) advising the 

 trainee that a negative result is a condition of employment and that a 

 positive result will: 

 

 1. Result in the trainee being dismissed from basic training. 

 

 2. Cause the trainee to be dismissed from employment as a law 

 Enforcement officer by this agency. 

 

 3. Cause the trainee’s name to be reported to the central drug 

 Registry maintained by the Division of State Police. 

 

 4. Cause the trainee to be permanently barred from future law 

 Enforcement employment in New Jersey. 

 

 The form shall also advise the trainee that the refusal to participate 

 in the test carries the same penalties as testing positive. Trainees 

 shall also complete a medical questionnaire (Attachment B) which 

 clearly describes all medications, both and over-the-counter (non- 

 prescription), that were in the past 14 days. 

 

 f. Prior to submission of a urine specimen, sworn law enforcement 

 officers shall complete a medical questionnaire (Attachment B) 

 which clearly describes all prescription and over-the-counter (non- 

 prescription), that were ingested in the past 14 days. 


 

 2. Specimen Collection 

 

 a. Throughout the test process, the identity of the individual applicants, 

 trainees, sworn law enforcement officers shall remain confidential. 

 Individual specimens shall be identified throughout the process 

 by the use of social security numbers. At no time shall an 

 individual’s name appear on any form or specimen container sent 

 to the State Toxicology Laboratory. The urine specimen shall be 

 collected from the selected personnel in a prompt, efficient and 

 confidential manner. 

 

 b. Specimens will be collected utilizing equipment and supplies 

 approved by the State Toxicology Laboratory. Under no 

 circumstances may a specimen be collected and submitted for 

 analysis in a specimen container that has not been approved by the 

 State Toxicology Laboratory. 

 

 c. Urine specimens will be acquired and processed in accordance with 

 procedures established by the State Toxicology Laboratory. 

 

 1. After the monitor has inspected the appropriate forms for 

 Accuracy, the applicant, trainee, or sworn officer shall void into 

 Two specimen collection containers. 

 

 2. After the two specimens have been produced, the individual shall 

 Seal the specimen containers and deliver them to the monitor. 

 

 3. Once the monitor is satisfied that the required documentation is 

 accurate and he / she has inspected the specimen containers to 

 determine that a specimens have been produced, the monitor 

 shall take possession one (1) specimen, package the specimen 

 in the same fashion as evidence, and ensure that it is delivered 

 to the State Toxicology Laboratory for analysis. 

 

 4. The second specimen shall be collected in the same fashion as 

 the first specimen. The monitor shall take possession of the 

 second specimen and place it in a secure refrigerated storage 

 area. 

 

 5. This agency shall maintain possession of the second specimen 

 for a period of 60 days or until the agency receives notification 

 from the State Toxicology Laboratory that the first specimen 

 tested negative for the presence of controlled substances. 

 

 6. The second specimen shall be released by the law enforcement 

 Agency under the following circumstances: 

 

 . This agency is notified by the State Toxicology Laboratory that 

 the first specimen tested positive for a controlled substance; 

 . This agency is informed by the individual whose specimen 


 tested positive that the individual wishes to have the specimen 

 independently tested; and 

 

 . The officer must designate a laboratory that is licensed as a 

 clinical laboratory by the New Jersey Department of Health 

 under the New Jersey Clinical Laboratory Improvement Act to 

 conduct the independent test; and 

 

 . A representative of the licensed clinical laboratory designated 

 by the individual takes possession of the second specimen in 

 accordance with accepted chain of custody procedures within 

 60 days of the date the specimen was produced. 

 

 d. Individuals will void without the observation of the monitor unless 

 there is reason to believe that the individual will adulterate the 

 specimen or otherwise compromise the integrity of the test process. 

 Under these circumstances, the production of a specimen may be 

 directly observed by the monitor. The facts underlying their belief 

 that an individual may adulterate a specimen or compromise the 

 integrity of the test process must be documented by this agency. 

 

 e. Individuals who initially are unable to produce a urine specimen may 

 remain under the supervision of the test monitor until the monitor is 

 satisfied that the individual cannot produce a specimen. While the 

 individual is under supervision, the monitor may allow the individual 

 to drink fluids in an attempt to induce the production of a specimen. 

 If the individual remains unable to provide a specimen after a 

 reasonable period of time, the monitor may have the individual 

 examined by a doctor to determine whether the inability to produce 

 a specimen was the result of a medical or physical infirmity or 

 constituted a refusal to cooperate with the drug testing process. 

 

 VI. SUBMISSION OF SPECIMENS FOR ANALYSIS 

 

 1. The New Jersey State Toxicology Laboratory within the Division of 

 Criminal Justice will constitute the sole facility for the analysis of law 

 enforcement drug tests. Law enforcement agencies are not permitted 

 to use any other facility or laboratory for purposes of analyzing urine 

 specimens. 

 

 2. Urine specimens should be submitted to the State Toxicology 

 Laboratory within one working day of their collection. In the event that 

 a specimen cannot be submitted to the laboratory within one working 

 day of its collection, the law enforcement agency shall store the 

 specimen in a controlled access refrigerated storage area until 

 submission to the State Toxicology Laboratory. 

 

 a. Submissions to the State Toxicology Laboratory may be 

 accomplished by personnel from the law enforcement agency or 

 commercial courier. 

 


 b. Should this agency choose to have specimens delivered to the 

 State Toxicology Laboratory by commercial courier, the following 

 Procedural safeguards must be taken: 

 

 . All submissions must be “next day delivery” 

 

 . In addition to the sealed container, all submissions must be 

 packaged in a manner that includes two additional seals to 

 provide for the integrity of the test specimens. 

 

 . The State Toxicology Laboratory must reject specimens that 

 have been subject to tampering. 

 

 VII. ANALYSIS OF SPECIMENS 

 

 1. The State Toxicology Laboratory will utilize the following test 

 procedures to analyze urine specimens for law enforcement agencies: 

 

 a. All specimens will be subject to an initial test utilizing fluorescence 

 polarization immunoassay analysis. 

 

 b. Those specimens that test positive for a controlled substance 

 following the fluorescence polarization immunoassay shall be 

 subject to a gas chromatography/mass spectrophotometry analysis 

 to confirm the presence of a controlled substance. 

 

 c. In the event that a specimen is confirmed to be positive for a 

 controlled substance following the gas chromatography/mass 

 spectrophotometry, a medical review officer at the laboratory shall 

 compare the test results with the medical questionnaire submitted 

 with the specimen to determine whether any substance listed on the 

 questionnaire would explain the test result. The medical review 

 officer may direct the agency that collected the specimen to obtain 

 further information from the individual being tested concerning the 

 medications listed on the questionnaire. In the event the 

 questionnaire does not explain the test result, the medical review 

 officer shall issue a report indicating that the specimen tested 

 positive. 

 

 d. The State Toxicology Laboratory shall analyze each specimen for 

 the following substances and their metabolites: 

 

 . Amphetamine / methamphetamine 

 . Barbiturates 

 . Benzodiazepine 

 . Cannabinoids 

 . Cocaine 

 . Methadone 

 . Phencyclidine 

 . Opiates 

 


 e. The analysis of each specimen shall be done in accordance with 

 procedures adopted by the State Toxicology Laboratory. These 

 procedures shall include but not limited to security of the test 

 specimens, chain of custody, metabolite cut-off levels and issuance 

 of test reports. 

 

 f. Every law enforcement executive may request that one or more 

 specimens be analyzed for the presence of steroids. 

 

 

 

 VIII. DRUG TEST RESULTS 

 

 1. The State Toxicology Laboratory shall notify this agency of any positive 

 test results from the specimens submitted for analysis. All reports of 

 positive test results shall be in writing and sent to this agency within 15 

 working days of the submission. The State Toxicology Laboratory will, 

 upon request, provide this agency with written documentation that 

 one or more specimens submitted for analysis tested negative. 

 

 2. The State Toxicology Laboratory shall not report a specimen as having 

 tested positive for a controlled substance until the specimen has 

 undergone a confirmatory test and the medical review officer has 

 reviewed the results of the test with the medical questionnaire 

 pertinent to that specimen. 

 

 3. This agency shall notify the applicant, trainee, or sworn officer of the 

 results of a positive test result as soon as practical after receipt of the 

 report from the State Toxicology Laboratory. Upon request, the 

 individual may receive a copy of the laboratory report. 

 

 4. Under no circumstances may this agency or an individual resubmit a 

 specimen for testing or ask that a particular specimen within the 

 possession of the State Toxicology Laboratory be retested. 

 

 IX. CONSEQUENCES OF A POSITIVE TEST RESULT 

 

 1. When an applicant tests positive for illegal drug use: 

 

 a. The applicant shall be immediately removed from consideration 

 for employment by this agency. 

 

 b. The applicant shall be reported to the Central Drug Registry by this 

 agency. 

 

 c. The applicant shall be precluded from consideration for future law 

 enforcement employment by any law enforcement agency in New 

 Jersey for a period of two years. 

 

 d. Where the applicant is currently employed by another agency as a 

 sworn law enforcement officer, this agency shall notify the officer’s 


 current employer of the positive test results. Under these 

 circumstances, the officer’s employer is required to dismiss the officer 

 from employment and also report his / her name to the Central Drug 

 Registry maintained by the Division of State Police. 

 

 2. When the trainee tests positive for illegal drug use, subject to rules 

 Adopted by the Police Training Commission: 

 a. The trainee shall be immediately dismissed from basic training and 

 suspended from employment by this agency. 

 

 b. The trainee shall be terminated from employment as a law 

 enforcement officer, upon final disciplinary action by this agency. 

 

 c. The trainee shall be reported to the Central Drug Registry maintained 

 by the Division of State Police. 

 

 d. The trainee shall be permanently barred from future law enforcement 

 employment in New Jersey. 

 

 3. When a sworn law enforcement officer tests positive for illegal drug use: 

 

 a. The officer shall be immediately suspended from all duties pending a 

 disciplinary hearing. In cases involving testing of the second 

 specimen, the disciplinary hearing will not be held until the results 

 of the second specimen test are received by this agency. 

 

 b. The officer shall be terminated from employment as a law 

 enforcement officer, upon final disciplinary action by this agency. 

 

 c. The officer shall be reported to the Central Drug Registry maintained 

 by Division of State Police by this agency. 

 

 d. The officer shall be permanently barred from future law enforcement 

 employment in New Jersey. 

 

 

 X. CONSEQUENCES OF A REFUSAL TO SUBMIT TO A DRUG TEST 

 

 1. Applicants who refuse to submit to a drug test during the pre- 

 employment process shall be immediately removed from 

 consideration for law enforcement employment with this agency and 

 barred from consideration for future law enforcement employment for a 

 period of two years from the date of the refusal. In addition, the 

 applicant’s name shall be forwarded to the Central Drug Registry and 

 note that the individual refused to submit to a drug test. 

 

 2. Trainees who refuse to submit to a drug test during basic training shall 

 be immediately removed from the academy and immediately suspended 

 from employment. Upon a finding that the trainee did in fact refuse to 

 submit a sample, the trainee shall be terminated from law enforcement 

 employment and permanently barred from future law enforcement in 


 New Jersey. In addition, the appointing authority shall forward the 

 trainee’s name to the Central Drug Registry and note that the individual 

 refused to submit to a drug test. 

 

 3. Sworn law enforcement officers who refuse to submit to a drug test 

 ordered in response to reasonable suspicion or random selection shall 

 be immediately suspended from employment. Upon a finding that the 

 officer did in fact refuse to submit a sample, the officer shall be 

 terminated from law enforcement employment and permanently barred 

 from future law enforcement employment in New Jersey. In addition, the 

 appointing authority shall forward the officer’s name to the Central Drug 

 Registry and note that the individual refused to submit to a drug test. 

 

 

 XI. REPORTING 

 

 1. A sworn law enforcement officer who tests positive for illegal drug use or 

 refuses to submit to a drug test, and who resigns or retires in lieu of 

 disciplinary action or prior to the completion of final disciplinary action, 

 shall be reported by his or her employer to Central Drug Registry and 

 shall be permanently barred from future law enforcement in New Jersey. 

 

 XII. RECORD KEEPING 

 

 1. This agency’s Internal Affairs Unit shall maintain all records relating to 

 the drug testing of applicants, trainees, and law enforcement officers. 

 

 2. This agency’s drug testing records shall include, but not be limited to: 

 

 a. For all drug testing: 

 

 . The identity of those ordered to submit to urine samples. 

 . The reason for that order. 

 . The date the urine was collected. 

 . The name of the monitor of the collection process. 

 . The chain of custody of the urine sample from the time it was 

 collected until the time it was received by the State Toxicology 

 Laboratory. 

 . The results of the drug testing. 

 . Copies of notifications to the subject. 

 . For any positive result or refusal, appropriate documentation of 

 disciplinary action. 

 

 b. For random drug testing, the records will also include the following 

 information: 

 

 . A description of the process used to randomly select officers for 

 drug testing. 

 . The date the selection was made. 

 . A copy of the document listing the identities of those selected for 

 drug testing. 


 . A list of those who were actually tested 

 . The date(s) those officers were tested. 

 3. Drug testing records shall be maintained with the level of confidentiality 

 required for internal affairs files pursuant to the New Jersey Internal 

 Affairs Policy and Procedures. 

 

 XIII. CENTRAL DRUG REGISTRY 

 

 1. This agency shall notify the Central Drug Registry maintained by the 

 Division of State Police of the identity of applicants, trainees, and sworn 

 Law enforcement officers who test positive for the illegal use of drugs or 

 Refuses an order to submit a urine sample on the form prescribed in 

 Attachment D. 

 

 2. Notifications to the Central Drug Registry shall include the following 

 Information as to each individual: 

 

 . Name and address of this agency and contact person. 

 . Name of the individual who tested positive. 

 . Last known address of the individual. 

 . Date of birth 

 . Social Security number 

 . SBI number (if known) 

 . Gender 

 . Race 

 . Eye Color 

 . Substance the individual tested positive for, or circumstances of the 

 Refusal to submit a urine sample. 

 . Date of the drug test or refusal. 

 . Date of final dismissal or separation from this agency. 

 . Whether the individual was an applicant, trainee or sworn law 

 enforcement officer. 

 

 3. The certification section of the notification form must be completed by 

 the Chief of Police and notarized with a raised seal. 

 

 4. Notifications to the Central Drug Registry shall be sent to: 

 

 Division of State Police 

 State Bureau of Identification 

 Central Drug Registry 

 P.O. Box 7068 

 West Trenton, New Jersey 08628-0068 

 

 5. Information contained in the Central Registry may be released by the 

 Division of State Police only under the following circumstances: 

 

 a. In response to an inquiry from a criminal justice agency as part of a 

 background investigation process for prospective or new personnel. 

 

 b. In response to a court order. 


 

 

 XIV. NOTIFICATION TO COUNTY PROSECUTOR 

 

 1. In the event of (1) a positive drug test by an officer, (2) a refusal by an 

 Officer to take the drug test, or (3) administration of a reasonable 

 suspicion drug test to an officer, the Chief of Police or a designee shall 

 provide a confidential written notice to the County Prosecutor or his/her 

 designee within 10 days. Upon completion of any disciplinary action, 

 the Boonton Township Police Department shall report the discipline to 

 the County Prosecutor or designee. 

 

 2. By December 31st of each year, the Boonton Township Police 

 Department shall provide written notice to the County Prosecutor or his/ 

 her designee of the dates of testing conducted during the prior year, the 

 total number of sworn officers employed by this agency, the total 

 number of sworn officers tested, and the total number of sworn officers 

 who tested positive. 

 

 XV. PUBLIC ACCESSIBILITY AND CONFIDENTIALITY 

 

 1. The Boonton Township Police Department Drug Testing Policy shall be 

 made available to the public upon request and shall be posted on the 

 agency website. Annual reports from the County Prosecutors to the 

 Attorney General, as required by Section XIII, also shall be made 

 available to the public upon request and shall be posted on the agency 

 website. 

 

 2. All written reports created or submitted pursuant to this written directive 

 that identify specific officers are confidential and not subject to public 

 disclosure. 

MAKING REPORTS OF OFFICER MISCONDUCT

It is the policy of the Boonton Township Police Department to accept and investigate all allegations of officer misconduct or wrongdoing from any citizen. This policy is followed in accordance with the New Jersey Attorney General's Internal Affairs Policy and Procedure, which must be adhered to by every police agency in the state.

In order to fulfill that policy, located here are the necessary forms and information to answer any questions that a citizen may have regarding the process.

A citizen may make a report of officer misconduct or wrongdoing by following the instructions listed below:

1. Citizens are encouraged to respond to police headquarters and speak with a supervisor about filing their complaint.

2. The complaint will be accepted regardless of the hour or day of the week.

3. Citizens will be asked to complete an Internal Affairs Complaint Form, which will include as much descriptive information about the complaint that the citizen can provide. It is not mandatory that the report be completed, but it will assist in a complete and thorough investigation by the Internal Affairs Office. Click HERE for the form.

4. If the citizen cannot make the complaint in person, a representative from the police department will be assigned to visit the individual at his/her home, place of business or another location to complete the report (this may not always be the case in very minor offense complaints).

5. While it is discouraged, citizens may make the report anonymously. When this occurs, it makes it very difficult for the Internal Affairs Investigator to ask follow up questions or obtain further information. This may result in your complaint not being thoroughly investigated.

6. After a complaint is received by the department, it will be forwarded to the Internal Affairs Officer of the Boonton Township Police Department for investigation. He will immediately inform the police chief upon receipt of a complaint.

7. If the citizen is uncomfortable reporting the complaint to the Boonton Township Police Department, they may report their complaint to any other police agency or the Morris County Prosecutor's Office. The Prosecutor's Office can be reached during normal business hours at 973-285-6200. The citizen should ask for the Professional Standards Unit.

8. The citizen can ask to be notified upon completion of the Internal Affairs Investigation. However, these types of investigations are confidential and the citizen may not be entitled to specifics about the outcome of the investigation.

While every member of the Boonton Township Police Department is trained in the proper reception and handling of citizen complaints, the citizen may contact the chief of police directly if they feel it is necessary or if they have any additional questions.

FALSE POLICE REPORTS TO A LAW ENFORCEMENT AGENCY

Anyone who makes a fictitious report to a law enforcement agency of an offense or incident, knowing that it did not occur, is a Disorderly Person and can be charged under 2C:28-4b1 of the New Jersey Criminal Justice Code.

                      (973) 402-4000

155 Powerville Road Boonton Township NJ 07005

Chief Paul C. Fortunato

internal affairs