New Jersey State Human Services Police

NEW JERSEY STATE HUMAN SERVICES POLICE – EARLY WARNING SYSTEM – Page 1 of 9

STANDARD OPERATING PROCEDURES

SUBJECT: EARLY WARNING SYSTEM

EFFECTIVE DATE: October 28, 2022

NUMBER OF PAGES: 9

ACCREDITATION STANDARDS: 2.2.3

BY THE ORDER OF: Director of Police

PURPOSE: The purpose of this policy is to establish guidelines for the New Jersey State Human

Services Police Member Early Warning System (MEWS).

POLICY: It is the policy of New Jersey State Human Services Police to implement and utilize an Early

Warning System (EWS) for maintaining, retrieving, and analyzing information regarding the

performance of employees. The system will identify, reward, and promote professionalism,

civil rights, integrity, best practices, as well as identify, intervene, and remediate potentially

problematic behavior allowing for timely intervention consistent with the risk management

procedures promulgated by the New Jersey State Attorney General in its Internal Affairs

Policies and Procedures. This written directive is in accordance with the New Jersey

Attorney General’s Law Enforcement Directive No. 2018-3.

This policy shall be applicable to all sworn members of the New Jersey State Human

Services Police (NJSHSP), regardless of rank or assignment, who are responsible for

enforcing the criminal laws of New Jersey, come under the jurisdiction of the Police Training

Act, and authorized to carry a firearm under N.J.S.A. 2C:39-6.

NEW JERSEY STATE HUMAN SERVICES POLICE – EARLY WARNING SYSTEM – Page 2 of 9

PROCEDURES:

I. EARLY WARNING SYSTEM

A. The Early Warning System is designed to detect patterns and trends before the

conduct escalates into more serious problems. As such, employees must

understand that the Early Warning System is not identical to the disciplinary process.

Although it is possible that disciplinary action may be taken as the result of evidence

that rules and regulations were violated, this is not the sole or even primary intent of

the System. The primary intent of an Early Warning System is to address potential

problems through the use of appropriate management and supervisory strategies

before formal discipline is warranted.

B. Although no specific and universal criteria can determine job stress and/or

performance problems, it is important that certain types of performance indicators

be reviewed.

C. Many different measures of employee performance (actions or behaviors) shall be

regularly examined for patterns or practices that may indicate potential problems.

These performance measures shall include, but are not limited to, the following

documented indicators:

1. Internal complaints, whether initiated by another employee or by a member

of the public and regardless of outcome;

2. Civil actions filed against an employee, regardless of outcome;

3. Criminal investigations or complaints made against an employee;

4. Any use of force by an officer that is formally determined or adjudicated to

have been excessive, unjustified, or unreasonable;

5. Domestic violence investigations in which the employee is an alleged

subject;

6. All domestic violence incidents (regardless of whether or not a complaint or

TRO/FRO was issued);

7. An arrest of an employee, including the charge of driving under the influence;

8. Sexual harassment claims against an employee;

9. Vehicular collisions involving an employee wherein it has been determined

to have been the fault of the employee;

10. Vehicle pursuits involving an employee;

11. Suspicion of substance abuse by the employee;

12. A positive drug test by an employee;

13. Cases or arrests by the employee that are rejected or dismissed by a court;

14. Cases in which evidence obtained by an employee is suppressed by a court;

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15. Insubordination by the employee;

16. Attitude or demeanor problems by an employee;

17. Neglect of duty by the employee;

18. Unexcused absences or sick time abuse by an employee;

19. Repeated tardiness;

20. Extreme or sudden decline in behavior performance, appearance, or

hygiene;

21. Off-duty contact with any law enforcement agency as a result of an

employee’s personal conduct;

22. Personal problems (domestic, health, family issues, etc.) affecting job

performance; and

23. Any other indicators as determined by the Director, Chief or their designee.

D. Generally, the Chief of Police reserves the right to determine additional performance

indicators and add such to the list above, consistent with evolving standards of

sound public policy. To the extent possible, all additional performance indicators

should be objectively measurable and reasonably related to potentially escalating

harmful behavior by the employee.

E. Generally, three (3) instances of questionable conduct or performance indicators (as

listed in section C, above) within a 12-month period would initiate the Early Warning

System process.

F. 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.

G. A combination of five (5) of any performance indicators in a twelve (12) month period

may also result in the triggering of the Early Warning System.

H. The thresholds listed above shall not hinder the Chief of Police or his/her designee

or the Office of Internal Affairs (OIA) from triggering the Early Warning System for a

lower number of performance indicators based upon such factors as previous

participation in the Early Warning System or the existence of prior disciplinary

issues.

II. ADMINISTRATION OF EARLY WARNING SYSTEM

A. The Early Warning System is primarily the responsibility of the Office of Internal

Affairs (OIA), but any supervisor may initiate the Early Warning process based upon

their own observations. Emphasis should be placed on anticipating employee

problems before it results in improper performance or conduct.

B. The Office of Internal Affairs will conduct evaluations of members based on the

performance indicators in Section I. These evaluations shall be conducted at least

two (2)

times per calendar year but may be done more frequently as incidents

dictate.

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C. Once an Office of Internal Affairs (OIA) evaluation has determined that the

thresholds have been met to initiate an Early Warning System review process, the

OIA Supervisor shall create a case in the OIA's Record Management System and

notice the Chief of Police.

D. The OIA Supervisor shall review the member’s OIA file and consult with the

Department of Human Services’ Office of Employee Relations to determine if there

has been any prior history or related behavioral performance problems, court

litigation, arrests, EEO investigations and/or disciplinary actions in order to

determine the appropriate course of action.

E. The OIA Supervisor and the Chief of Police shall meet and conduct a careful

evaluation of any related documentation. This will be done to determine if the

employee’s performance is problematic and requires intervention. If necessary, a

meeting with the employee’s immediate supervisor and/or Regional Commander

may be considered. The OIA Supervisor and Chief of Police shall determine the

appropriate course of action to be taken. Such action includes:

1. Making a determination that activation of the Early Warning System is not

necessary based on the indicators and/or a plan to remediate the employee’s

behavior has already been placed into action;

2. Determining that the matter should be handled by the Office of Internal

Affairs in accordance with the agency’s policy on Internal Affairs, or;

3. Activating the Early Warning System.

4. A summary of the review shall be provided by the Chief of Police, via email,

to the Director of Police.

F. At least every six (6) months, the Office of Internal Affairs shall audit the agency’s

tracking system and records to assess the accuracy and efficacy of the tracking

system.

III. ACTIVATION OF THE EARLY WARNING SYSTEM

A. Activation of the Early Warning System generally focuses on corrective actions

aimed at remediating the employee’s behavior and providing assistance to the

employee.

B. Once a determination has been made to activate the Early Warning System, the

Office of Internal Affairs (OIA) Supervisor and Chief of Police shall determine the

appropriate supervisory level for notification and implementation of the remedial

action plan to address the employee's behavior.

C. The Office of Internal Affairs (OIA) Supervisor shall assign the appropriate

supervisory personnel to develop a remedial action plan to be administered to the

employee, including the appropriate remedial/corrective actions listed in Section VI

below.

D. The supervisory personnel assigned to oversee the Early Warning System remedial

action plan shall:

1. Identify problems or potential problems;

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2. Determine short and long-term goals for improvement;

3. Formally notify the employee, in writing, of the EWS activation and the

associated remedial action plan;

4. Conference with the employee and appropriate supervisory personnel;

5. Come to a consensus commitment on a plan for long-term improved

performance;

6. Advise of the monitoring process and the repercussions of future sustained

transgressions.

7. Administer the developed remedial action plan pursuant to Section III, C.

above;

8. Continue to monitor the employee for at least three (3) months or until the

supervisor concludes the employee's behavior has been remediated,

whichever is longer; and

a. The affected employee and supervisor shall meet on a regular basis,

minimally monthly, to discuss progress towards the agreed upon

goals and objectives.

9. Document and report findings to the Supervisor of the Office of Internal

Affairs (OIA).

a. All supervisor/employee meetings shall be thoroughly documented,

which will be forwarded to the Supervisor of the Office of Internal

Affairs (OIA).

b. All regular monthly progress/status reports shall be submitted to the

Supervisor of the Office of Internal Affairs (OIA) and the respective

employee’s Division/Regional Commander through the chain of

command.

10. An additional six (6) months of documented monitoring is required following

removal from the early warning system. Monthly monitoring reports from the

direct supervisor are required.

The Supervisor of the Office of Internal Affairs (OIA) shall review all documentation

for completeness including:

1. Employee notifications;

2. Original plan of remediation;

3. Action plan and monitoring results; and

4. Final report.

F. Upon satisfactory review, the Supervisor of the Office of Internal Affairs (OIA) shall:

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1. Report the findings to the Chief of Police;

2. Secure all documentation in the Office of Internal Affairs (OIA).

G. Any statement made by the officer in connection with the Early Warning System

review process may not be used against them in any disciplinary or other

proceeding.

H. This policy and an Early Warning System activation generally do not address

disciplinary actions that may be warranted against an employee. However,

disciplinary actions, if warranted (i.e., decision to suspend, terminate, or, if

applicable charge a member with a criminal offense), remains within the purview

of the Office of Internal Affairs (OIA) and may be imposed separate from and

independent of the Early Warning System.

IV. SUPERVISORS

A. An employee’s first-line supervisor is usually the first member of the agency to

encounter and document specific incidents that affect an employee’ performance. It

is essential for the supervisor to speak with the employee, document these incidents

and report findings to appropriate Section, Unit, Bureau and/or Regional

Commander and, if warranted, to the Office of Internal Affairs (OIA). The success of

this program relies heavily on the first-line supervisor’s participation and

involvement.

B. It is the responsibility of supervisors to monitor the performance and behavior of

members under their supervision on a daily basis. Therefore, nothing above shall

preclude a member's immediate supervisor, another supervisor, a Region/Unit

Commander, and/or a peer member, from requesting an Early Warning System

review of a member's conduct. Any member may contact the Office of Internal Affairs

(OIA) to request an Early Warning System review.

C. If a supervisor has initiated remedial/corrective intervention, the Office of Internal

Affairs (OIA) and subject employee’s respective Section, Unit, Bureau and/or

Regional Commander shall be formally notified of such efforts. This information shall

be documented and appropriate copies forwarded to the Office of Internal Affairs

(OIA) for filing. No entry should be made in the employee’s formal personnel file,

unless the action results in disciplinary/corrective action.

D. If the remedial/corrective intervention was training, documentation shall be filed in

accordance with the agency’s written directive governing training (remedial training).

E. Supervisors shall forward all documentation as required by agency written directives

established to assist in a comprehensive audit. This data shall minimally include:

use of force reports, vehicle pursuit reports, and attendance records.

F. Second-line supervisors shall utilize and apply the process as indicated within this

policy and will ensure that all first-line supervisory members and employees under

their command understand the purpose and practical applications of the process.

Second-line supervisors shall utilize, when necessary, the same procedures

indicated in this policy for first-line supervisors to address similar concerns involving

those supervisory personnel.

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V. BUREAU/REGIONAL COMMANDERS

A. In addition to the regular data audits conducted by the Office of Internal Affairs (OIA),

the Bureau/Regional Commanders shall periodically audit an individual employee's

history. Using this information and their experience, the commander may be able to

identify employees who may need remedial/corrective intervention even before such

is indicated by the agency’s Early Warning System.

VI. REMEDIAL/CORRECTIVE INTERVENTION

A. Intervention should be taken, whenever possible, by the affected member or

employee’s first-line supervisor with the aim of resolving the issue(s) at that level.

B. Supervisory or command personnel may initiate remedial/corrective intervention to

correct behavior. Remedial/corrective intervention may include, but is not limited to:

1. Training or Retraining, to include but not limited to:

a. Defensive Tactics;

b. Legal Updates;

c. Report Writing;

d. Cultural Diversity Training;

e. Tactical Communications;

f. Emergency Vehicle Operations/Pursuit Training;

g. Physical Fitness Training;

h. Additional Field Training with a Field Training Officer.

2. Counseling, to include but not limited to:

a. Supervisor Coaching and/or Counseling;

b. Peer Counseling;

c. Employee Assistance Program (EAP);

d. Referral to Human Resources;

e. Stress Reduction Training;

f. Anger Management;

g. Critical Stress Management;

h. Professional Counseling by a Licensed Practitioner;

i. Fitness-for-Duty Examinations.

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3. Intensive Supervision;

4. Agency Policy or Practice Change, to include but not limited to:

a. Review of and/or Modification of Training;

b. Review of and/or Modification of Agency Policy;

c. Purchase and/or Replacement of Agency Equipment.

5. Reassignment, to include but not limited to:

a. Temporary Reassignment;

b. Alternate Shift Reassignment;

c. Alternate Station/Region Reassignment;

d. Permanent Reassignment.

C. Internal disciplinary action, remedial/corrective intervention, and fitness-for-duty

examinations are not mutually exclusive and should be jointly pursued if and when

appropriate.

D. When remedial/corrective intervention has been undertaken, the subject employee’s

respective Commander shall ensure that such actions are documented in writing.

No entry should be made in the employee's personnel file, unless the action results

in a sustained allegation following an internal investigation. If the remedial/corrective

intervention is a training program, attendance and successful completion of that

program should be noted in the employee's training record.

E. All reports shall be forwarded to the Chief or his/her designee for review with the

Director of Police being provided a written summary for discussion. These reports

have the same confidential status as Internal Affairs Unit documents and are subject

to the same disclosure and retention regulations and guidelines.

VII. NOTIFICATION TO SUBSEQUENT LAW ENFORCEMENT EMPLOYER

A. Pursuant to Attorney General Law Enforcement Directive No. 2018-3, if any law

enforcement officer who is or has been subject to an Early Warning System review

process applies to or accepts employment at a different law enforcement agency

than the one where he or she underwent the Early Warning System activation/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

Early Warning System review process history and outcomes.

B. Upon request, the prior or current employing agency shall share the law

enforcement officer's Early Warning System activation/review process files with the

subsequent employing agency.

C. All notifications to the subsequent law enforcement employers pursuant to this

section shall be handled by the Supervisor of the Office of Internal Affairs (OIA).

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VIII. NOTIFICATION TO COUNTY PROSECUTOR

A. Upon initiation of the Early Warning System review process, the Office of Internal

Affairs (OIA) Supervisor or his/her designee shall make a confidential written

notification to the County Prosecutor’s Office, where the involved member is

regularly stationed (unless otherwise directed), of the identity of the member, the

nature of the triggering performance indicators, and the planned remedial program.

B. Upon completion of the Early Warning System review process, the Office of Internal

Affairs (OIA) or his/her designee shall make a confidential written notification to the

County Prosecutor’s Office of the outcome of the Early Warning System activation

and subsequent review, including any remedial measures taken on behalf of the

subject member.

IX. PUBLIC ACCESSIBILITY AND CONFIDENTIALITY

A. The Early Warning System policy shall be made available to the public upon request

and shall be posted on the New Jersey Department of Human Services’ website.

B. All written reports created or submitted that identify a specific officer(s) are

confidential and not subject to public disclosure.