United States of America, New York City

Estados Unidos de América, Ciudad de Nueva York Democracy and Citizen Security Democracia y Seguridad Ciudadana

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Police Department

§ 14–101 Definitions. As used in this title the following words shall have the following meanings:
a. "Commissioner" shall mean the commissioner of the police department of the city.
b. "Department" shall mean the police department of the city.

§ 14–102 Composition of force. Until otherwise provided by the mayor, upon the recommendation of the commissioner, the police force in the police department, shall consist of the following ranks of members, to wit:
1. Captains of police, not exceeding in number one to each fifty of the total number of police officers, in addition to the number detailed to act as inspectors;
2. Lieutenants of police, not exceeding four in number to each fifty of the total number of police officers;
3. Sergeants not exceeding six in number to each fifty police officers;
4. Surgeons of police, not exceeding forty in number, one of whom shall be chief surgeon;
5. A veterinarian;
6. Police officers to the number of seven thousand eight hundred thirty-nine.

§ 14–103 Detective bureau. a. The commissioner shall organize and maintain a bureau for detective purposes to be known as the detective bureau and shall, from time to time, detail to service in said bureau as many members of the force as the commissioner may deem necessary and may at any time revoke any such detail.
b. Of the members of the force so detailed the commissioner may designate:
1. police officers not exceeding two hundred eighty in number, as detectives of the first grade, who while performing duty in such bureau and while so designated as detectives of the first grade, shall be paid the same salary as lieutenants; and
2. a certain number of police officers, as detectives of the second grade, who while performing duty in such bureau and while so designated as detectives of the second grade, shall be paid the same salary as sergeants; and a certain number of police officers as detectives of the third grade, who while performing duty in such bureau and while so designated as detectives of the third grade shall be paid such salary as may be determined by the mayor. Any person who has received permanent appointment as a police officer and is temporarily assigned to perform the duties of a detective shall, whenever such assignment exceeds eighteen months in duration, be appointed as a detective and receive the compensation ordinarily paid to a detective performing such duties.
c. The commissioner may designate lieutenants as commanders of detective squads, and sergeants as supervisors of detective squads, who while performing duty in such bureau and while so designated as commanders of detective squads or supervisors of detective squads shall be paid such salary as may be determined by the mayor.
d. Any member of the force detailed to such bureau while so detailed shall retain his or her rank in the force and shall be eligible for promotion the same as if serving in the uniformed force, and the time during which he or she serves in such bureau shall count for all purposes as if served in his or her rank or grade in the uniformed force.
e. The commissioner may at his or her pleasure revoke any designation made pursuant to the provision of this section after complying with the provisions of section seventy-five of the civil service law.

§ 14–104 Juvenile bureau. a. There shall be a bureau in the department organized and maintained for the prevention of crime and delinquency among minors and for the performance of such other duties as the commissioner may assign thereto.
b. Any member of the force assigned to such juvenile bureau shall retain his or her rank and pay in the force and shall be eligible for promotion as if serving in the uniformed force and the time served in such bureau shall count for all purposes as if served in his or her rank or grade in the uniformed force of the department.

§ 14–105 Superintendent of buildings; compensation. a. There shall be an officer to be known as superintendent of buildings, to be selected from among the members of the uniformed force by the commissioner. He or she shall be subject to the rules and regulations governing other members of the force as regards promotion and otherwise. The superintendent of buildings shall be entitled to all the benefits and privileges extended to each member of the force with regard to a pension, and shall not be removed or dismissed except in the manner prescribed for other members of the force. His or her time served as superintendent of buildings shall count as time served in such force for pension purposes.
b. Such superintendent, under the direction of the commissioner, shall have supervision over the maintenance of all department buildings, and supervision over the mechanical force of the police department.
c. The salary of the superintendent of buildings shall not be less than five thousand dollars per annum. Previous experience in construction, repair and maintenance of buildings in the police department shall be taken into consideration by the commissioner in the selection of such superintendent of buildings.

§ 14–106 Special patrolmen; when may be appointed. a. The commissioner, upon an emergency or apprehension of riot, tumult, mob, insurrection, pestilence or invasion, may appoint as many special patrolmen without pay from among the citizens as he or she may deem desirable.
b. Special patrolmen, appointed in pursuance of law while acting as such special patrolmen shall possess the powers, perform the duties, and be subject to the orders, rules and regulations of the department in the same manner as regular members of the force. Every such special patrolman shall wear a badge, to be prescribed and furnished by the commissioner.
c. The commissioner, whenever expedient, may on the application of any person or persons, corporation or corporations, showing the necessity therefor, appoint and swear any number of special patrolmen to do special duty at any place in the city upon the person or persons, corporation or corporations by whom the application shall be made, paying, in advance, such special patrolmen for their services, and upon such special patrolmen, in consideration of their appointment, signing an agreement in writing releasing and waiving all claim whatever against the department and the city for pay, salary or compensation for their services and for all expenses connected therewith; but the special patrolmen so appointed shall be subject to the orders of the commissioner and shall obey the rules and regulations of the department and conform to its general discipline and to such special regulations as may be made and shall during the term of their holding appointment possess all the powers and discharge all the duties of the force, applicable to regular members of the force.
d. The special patrolmen so appointed may be removed at any time by the commissioner, without assigning cause therefor, and nothing in this section contained shall be construed to constitute such special patrolmen members of the force, or to entitle them to the privileges of the regular members of the force, or to receive any salary, pay, compensation or moneys whatever from the department or the city, or to share in the police pension fund.
e. The commissioner, upon the application of the head of any agency, public authority exercising jurisdiction within the city, or state agency, may appoint and swear any number of officers or employees of such agency or authority to do special duty at any place in the city, on behalf of such agency. The special patrolmen so appointed shall be subject to the orders of the commissioner and shall obey the rules and regulations of the department and conform to its general discipline and to such special regulations as may be made and shall during the term of their holding appointment possess all the powers and discharge all the duties of a peace officer while in the performance of their official duties.
An appointment as a special patrolman may be revoked at any time by the commissioner, without assigning cause therefor, and nothing in this section contained shall be construed to constitute such special patrolmen members of the force, or to entitle them to the privileges of the regular members of the force, or to receive any additional salary, pay, compensation or moneys whatever from the department or the city by reason of such appointment, or to share in the police pension fund. Every special patrolman appointed pursuant to the provisions of this subdivision is hereby authorized and empowered to proceed under the provisions of the criminal procedure law in the same manner and with like force and effect as a member of the force in respect to procuring, countersigning and serving the summons referred to therein.
f. Notwithstanding any other provision of law, in cases relating to violation of the health code and those provisions of the code pertaining to the jurisdiction of the sanitation department employees of such department who are special patrolmen by appointment pursuant to subdivision e of this section may execute warrants of arrest and bench warrants in the same manner and with the same powers and immunities as if such special patrolmen were members of the department. The issuance and execution of any such warrant of arrest or bench warrant shall in all other respects be governed by the applicable provisions of the criminal procedure law.

§ 14–107 Unlawful use of police uniform or emblem. It shall be unlawful for any person not a member of the police force to represent himself or herself falsely as being such a member with a fraudulent design upon persons or property, or to have, use, wear or display without specific authority from the commissioner any uniform, shield, buttons, wreaths, numbers or other insignia or emblem in any way resembling that worn by members of the police force. A violation of this section shall constitute a misdemeanor punishable by a fine of not more than one hundred dollars or by imprisonment for not more than sixty days, or both.

§ 14–108 Unlawful use or possession of official police cards.
Any person who without permission of the commissioner:
1. makes or engraves, or causes or procures to be made or engraved, or willingly aids or assists in making or engraving, a plate or other means of reproducing or printing the resemblance or similitude of an official department identification card, working press card, emergency repair service card, press photographer's vehicle card, newsreel camera vehicle card, emergency service card or any other official card issued by the department; or
2. has in his or her possession or custody any implements, or materials, with intent that they shall be used for the purpose of making or engraving such a plate or means of reproduction; or
3. has in his or her possession or custody such a plate or means of reproduction with intent to use, or permit the same to be used, for the purpose of taking therefrom any impression or copy to be uttered; or
4. has in his or her possession or custody any impression or copy taken from such a plate or means of reproduction, with intent to have the same filled up and completed for the purpose of being uttered; or
5. makes or engraves, or causes or procures to be made or engraved, or willingly aids or assists in making or engraving, upon any plate or other means of reproduction, any figures or words with intent that the same may be used for the purpose of altering any genuine card hereinbefore indicated or mentioned; or
6. has in his or her custody or possession any of the cards hereinbefore mentioned, or any copy or reproduction thereof;
Is guilty of an offense punishable by a fine of not less than two hundred fifty dollars, or imprisonment for not more than thirty days, or both.

§ 14–109 Qualifications of members of force; publishing names and residence of applicants and appointees; probation.
a. Only persons shall be appointed or reappointed to membership in the police force or continue to hold membership therein, who are citizens of the United States and who have never been convicted of a felony, and who can read and write understandably the English language. Skilled officers of experience may be appointed for temporary detective duty who are not residents of the city. Only persons shall be appointed police officers who shall be at the date of the filing of an application for civil service examination less than thirty-five years of age, except, that every person who, as of the fifteenth day of April 1997, satisfied all other requirements for admission to the New York city police department academy shall be admitted to such academy and shall be eligible for appointment as a police officer, subject to the provisions of the civil service law and any applicable provisions of the charter, notwithstanding that such person was thirty-five years of age or older on the fifteenth day of April 1997. Persons who shall have been members of the force, and shall have been dismissed therefrom, shall not be reappointed. Persons who are appointed as police trainees, after examination in accordance with the civil service law and the rules of the commissioner of citywide administrative services and who have satisfactorily completed service as such trainees, may likewise be appointed as police officers without further written examination, provided that they shall have passed a medical examination at the end of their required trainee period. Persons appointed as police trainees shall not be considered members of the uniformed force of the department.
b. Preliminary to a permanent appointment as police officer there shall be a period of probation for such time as is fixed by the civil service rules, and permanent appointments shall only be made after the required probationary period has been served, but the service during probation shall be deemed to be service in the uniformed force, if succeeded by a permanent appointment, and as such shall be included and counted in determining eligibility for advancement, promotion, retirement and pension.

§ 14–110 Warrant of appointment; oath. a. Every member of the force shall have issued to him or her by the department, a proper warrant of appointment, signed by the commissioner and chief clerk or first deputy clerk of the department or of the commissioner, which warrant shall contain the date of appointment and rank.
b. Each member of the force shall, before entering upon the duties of his or her office, take an oath of office and subscribe the same before any officer of the department who is empowered to administer an oath.

§ 14–111 Salaries of first grade police officers. a. There shall be paid a minimum of three thousand dollars to all police officers of the first grade.
b. Such pay or compensation shall be paid bi-weekly to each person entitled thereto, subject to such deductions for or on account of lost time, sickness, disability, absence, fines or forfeitures, as the commissioner may by rules and regulations, from time to time, prescribe or adopt.

§ 14–112 Computation of compensation of members of the department after service in the fire department. a. Any member of the police force in the department who prior to his or her appointment or employment as such, has served or shall have served, as a member of the uniformed force of the fire department, after appointment therein pursuant to the rules of the commissioner of citywide administrative services and the provisions of law applicable thereto, shall have the time served by him or her in such fire department counted as service in the department in determining his or her compensation, promotion, retirement and pension in such department as herein or otherwise provided, upon condition that he or she shall contribute to the police relief or pension fund a sum equal to the amount which he or she would have been required to contribute had the time served in the fire department been served in the department.
b. Within one year after the police pension fund shall request a transfer of reserves with respect to any such person who becomes a member of the police pension fund on or after July first, nineteen hundred ninety-eight, who performed such prior service in the uniformed force of the fire department, and who has qualified for benefits under this section, the fire department pension fund shall transfer to the contingent reserve fund of the police pension fund the reserve on the benefits of such member which is based on the contributions made by the employer (including the reserve-for-increased-take-home-pay). Such reserve shall be determined by the actuary of the fire department pension fund in the same manner as provided in section forty-three of the retirement and social security law. No such transfer of reserves pursuant to this subdivision shall be made with respect to any person who became a member of the police force in the department prior to July first, nineteen hundred ninety-eight.

§ 14–113 Computation of compensation of members of the department restored to duty after service in the fire department. The time served by a member of the uniformed force of the department, who was appointed pursuant to the rules of the commissioner of citywide administrative services and the provisions of law applicable thereto and thereafter resigned after serving as such, to accept a position in the fire department and is thereafter restored to his or her former position as a member of the department, in accordance with the rules of such commissioner and the provisions of law applicable thereto, in both departments, shall be included and counted as service in the department, in determining his or her compensation, promotion, retirement and pension as herein or otherwise provided. Any such person shall be entitled to participate in the benefits of the police pension fund if he or she shall have contributed to such pension fund a sum equal to that which he or she would have been required to contribute had he or she remained a member of the uniformed force of the department from the date of his or her entry into the service of the department.

§ 14–114 Promotions. a. Promotions of officers and members of the force shall be made by the commissioner, as provided in section eight hundred seventeen of the charter, on the basis of seniority, meritorious service and superior capacity, as shown by competitive examination, but a detail to act as inspector, or to service in the detective bureau, as hereinafter provided, shall not be deemed a promotion. Individual acts of personal bravery or honorable service in the United States army, navy, marine corps or army nurse corps in times of war may be treated as an element of meritorious service in such examination, the relative rating therefor to be fixed by the commissioner of citywide administrative services. The police commissioner shall transmit to the commissioner of citywide administrative services in advance of such examination the complete record of each candidate for promotion.
b. Sergeants shall be selected from among police officers of the first grade. Lieutenants shall be selected from among sergeants who shall have served at least one year continuously as such. Captains shall be selected from among lieutenants who shall have served at least one year as lieutenants.
c. The commissioner shall, in the exercise of his or her discretion, from time to time, detail nineteen captains and so many others as the mayor may authorize upon the recommendation of the commissioner to act as inspectors, with the title, while so acting, of inspectors of police and at his or her pleasure may revoke any or all such details. While so detailed, such officers shall receive a salary to be fixed by the mayor, in addition to the amount of salary which regularly attaches to the office of captain. When a captain shall have acted under regular detail in any capacity above the rank of captain, during a period or periods aggregating two years, such officer, upon becoming eligible therefor, shall be entitled to a pension of not less than one-half of the salary received by him or her per year. When the commissioner, however, designates a captain to act in the place of a captain under regular detail as inspector, during the temporary absence or disability of the latter the officer so designated shall not be entitled to any additional salary, and the period of such designation shall not be counted in his or her favor in computing such two-year period. When a captain shall have served in the rank of captain for a period of ten years, he or she shall have the same rights in respect to the police pension fund as a captain detailed to act as inspector who shall have served as such for a period of time aggregating two years. A captain who shall have served as such less than ten years and more than five years shall have the same rights in respect to such police pension fund as a captain detailed to act as a deputy inspector who shall have served as such for a period of time aggregating two years. A period beginning March thirtieth, nineteen hundred sixty-five, and ending November thirtieth, nineteen hundred sixty-six, during which a captain shall have served as a provisional captain immediately prior to a permanent promotion to such rank shall be deemed to have been service as a permanent captain for the purposes of this section. A captain, while detailed to act as inspector, shall be chargeable with and responsible for the discipline and efficiency of the force under his or her command.

§ 14–115 Discipline of members. a. The commissioner shall have power, in his or her discretion, on conviction by the commissioner, or by any court or officer of competent jurisdiction, of a member of the force of any criminal offense, or neglect of duty, violation of rules, or neglect or disobedience of orders, or absence without leave, or any conduct injurious to the public peace or welfare, or immoral conduct or conduct unbecoming an officer, or any breach of discipline, to punish the offending party by reprimand, forfeiting and withholding pay for a specified time, suspension, without pay during such suspension, or by dismissal from the force; but no more than thirty days' salary shall be forfeited or deducted for any offense. All such forfeitures shall be paid forthwith into the police pension fund.
b. Members of the force, except as elsewhere provided herein, shall be fined, reprimanded, removed, suspended or dismissed from the force only on written charges made or preferred against them, after such charges have been examined, heard and investigated by the commissioner or one of his or her deputies upon such reasonable notice to the member or members charged, and in such manner or procedure, practice, examination and investigation as such commissioner may, by rules and regulations, from time to time prescribe.
c. The commissioner is also authorized and empowered in his or her discretion, to deduct and withhold salary from any member or members of the force, for or on account of absence for any cause without leave, lost time, sickness or other disability, physical or mental; provided, however, that the salary so deducted and withheld shall not, except in case of absence without leave, exceed one-half thereof for the period of such absence; and provided, further, that not more than one-half pay for three days shall be deducted on account of absence caused by sickness.
d. Upon having found a member of the force guilty of the charges preferred against him or her, either upon such member's plea of guilty or after trial, the commissioner or the deputy examining, hearing and investigating the charges, in his or her discretion, may suspend judgment and place the member of the force so found guilty upon probation, for a period not exceeding one year; and the commissioner may impose punishment at any time during such period.

§ 14–116 Limitations of suits. a. Actions or proceedings, either at law or in equity, shall be commenced or maintained against the police department, or any member thereof, or against the commissioner, or against the mayor, or against the city by any member or officer, or former member or officer of the force or department to recover or compel the payment of any salary, pay, money or compensation for or on account of any service or duty, or to recover any salary, compensation or moneys, or any part thereof forfeited, deducted or withheld for any cause, only if such action, suit or proceedings shall be commenced within two years after the cause of action shall have accrued.
b. A proceeding may be brought to procure the restoration or reinstatement to the force or department of any member or officer thereof, if such proceeding be instituted within four months after the decision or order sought to be reviewed. Such proceeding when so brought shall be placed upon the calendar by the party instituting the same for hearing by a term of the court not later than the second term after the filing of the answer or return and of service of notice of such filing upon the party instituting the proceeding. In the event of the failure of the party instituting the proceeding to place it upon the calendar, then such proceeding shall be dismissed for want of prosecution upon application therefor by the corporation counsel, unless the court for good and sufficient cause shall otherwise order.

§ 14–117 Assignment to police duty. Only officers and members of the police force shall be assigned to police duty.

§ 14–118 School crossing guards. a. Notwithstanding the provisions of section 14-117 of this title, the commissioner may employ persons to be known as school crossing guards, for such periods of time as in his or her discretion the commissioner deems advisable. Such school crossing guards shall be empowered to direct pedestrian and vehicular traffic at locations to which they may be assigned, and shall perform such other related duties as may be prescribed by the commissioner.
b. Nothing contained herein shall be construed to constitute such school crossing guards members of the police force, or to entitle them to the privileges and benefits of the members of the police force, or to become members of the police pension fund.
c. The commissioner shall have authority to promulgate rules and regulations governing the conduct of such school crossing guards. The commissioner shall prescribe the insignia or uniform to be worn by the guards while on duty.

§ 14–118.1 Voluntary fingerprinting of school children. a. The commissioner shall, in cooperation with the board of education, local school boards and private schools, institute a program to train persons designated by the appropriate school authority to administer the voluntary fingerprinting of New York city public and private school students in grades kindergarten through twelve and such persons to be trained shall not be police or police auxiliary personnel.
b. The program shall provide resources so that every school may offer the parents or legal guardians of a child the opportunity to have the child fingerprinted at school.
c. No child may be fingerprinted without first presenting an authorization form signed by a parent or legal guardian. Notwithstanding parental consent, any child over the age of fourteen shall also sign an authorization form, or may refuse to participate in the program.
d. Any fingerprints or other information supplied under the program shall be placed in the sole custody of the child's parents or legal guardians on the same day as supplied and no copy or record of such fingerprints shall be retained by the commissioner or the school. Upon the child attaining the age of eighteen years, said child shall be entitled to the return of his/her fingerprints from the parents or legal guardians.

§ 14–118.2 Traffic and parking enforcement by employees not police officers. a. Notwithstanding any other provision of law, the commissioner may employ persons who shall not be police officers to engage in the performance of duties involving the enforcement of laws and regulations relating to (1) the parking of vehicles and (2) the regulating, directing, controlling and restricting of the movement of vehicular and pedestrian traffic, both such duties in furtherance of the facilitation of traffic, the convenience of the public and the proper protection of human life and health.
b. Nothing contained herein shall be construed to entitle such employees to the privileges and benefits of police officers, or to become members of the police pension fund.

§ 14–119 Department to cooperate with department of health and mental hygiene. a. It shall be the duty of the department, and of its officers and members of the force, as the commissioner shall direct, to promptly advise the department of health and mental hygiene of all threatened danger to human life and health, and of all matters thought to demand its attention, and to regularly report to the department of health and mental hygiene all violations of its rules and ordinances, and of the health laws, and all useful sanitary information.
b. It shall be the duty of the department, by and through its proper officers, members and agents, to faithfully and at the proper time enforce and execute the sanitary rules and regulations, and the orders of the department of health and mental hygiene, made pursuant to the power of the department of health and mental hygiene, upon the same being received in writing and duly authenticated.
c. In and about the execution of any order of the department of health and mental hygiene, or of the department made pursuant thereto, members of the force shall have power and authority as when obeying any order of or law applicable to the department; but for their conduct they shall be responsible to the department and not to the department of health and mental hygiene. The department of health and mental hygiene may, with the consent of the department, impose any portion of the duties of subordinates in such department upon subordinates in the department.
d. The department is authorized to employ and use the appropriate persons and means, and to make the necessary expenditures for the execution and enforcement of the rules, orders and regulations of the department of health and mental hygiene, and such expenditures, so far as the same may not be refunded or compensated by the means herein elsewhere provided, shall be paid as the other expenses of the department of health and mental hygiene are paid.

§ 14–120 Detail of officers to assist department of health.*
The commissioner, upon the requisition of the department of health and mental hygiene, shall detail suitable officers to the service of such department of health and mental hygiene for the purpose of the enforcement of the provisions of the health code, and of the acts relating to multiple dwellings. Such officers shall belong to the sanitary company of police, and shall report to the department of health and mental hygiene. The department of health and mental hygiene may report back to the department for punishment any member of such company guilty of any breach of order or discipline or of neglecting his or her duty. Thereupon the commissioner shall detail another officer in his or her place. The discipline of such members of the sanitary company shall be in the jurisdiction of the department, but at any time the department of health and mental hygiene may object to any member of such company on the ground of inefficiency.

§ 14–121 Details to special duty. A transfer, detail or assignment to special duty of any member of the force, except in cases authorized or required by law, shall not hereafter be made or continued, except for police purposes and in the interests of police service. The commissioner, however, whenever the exigencies of the case require it, may make a detail to special duty for a period not exceeding three days, at the expiration of which the member or members so detailed shall report for duty to the officer of the command from which the detail was made.

§ 14–122 Relief from active duty due to disability. The commissioner shall have power to relieve from active duty on patrol any member of the police force, who, while in the actual performance of duty and without fault or misconduct on his or her part, shall have become disabled, physically, as a result of injuries or illness attributable thereto, so as to be unfit to perform full police duty, such disability having been certified to by so many of the police surgeons as the commissioner may require. Such member may be assigned to the performance of such light duties as he or she may be qualified to perform.

§ 14–122.1 Receipt of line of duty pay. a. A member of the force in the rank of police officer, other than an officer who is detailed or designated as a detective or who holds the position of sergeant or any position of higher rank in such force, shall be entitled pursuant to this section to the full amount of his or her regular salary for the period of any incapacity due to illness or injury incurred in the performance and discharge of duty as a member of the force, as determined by the department.
b. A member of the force who is detailed or designated as a detective or who holds the position of sergeant or any position of higher rank in such force shall be entitled pursuant to this section to the full amount of his or her regular salary for the period of any incapacity due to illness or injury incurred in the performance and discharge of duty as a member of the force, as determined by the department, only in the event that a collective bargaining agreement granting such entitlement pursuant to this section has been made by the city and the certified employee organization representing such member. The first entitlement of any such member of the force to the full amount of regular salary under this section shall commence on the date of execution of the collective bargaining agreement providing for such entitlement with respect to such member.
c. Nothing in this section shall be construed to affect the rights, powers and duties of the commissioner pursuant to any other provision of law, including, but not limited to, the right to discipline a member of the force by termination, reduction of salary, or any other appropriate measure; the power to terminate an appointee who has not completed his or her probationary term; and the power to apply for ordinary or accident disability retirement for a member of the force.
d. Nothing in this section shall be construed to require payment of salary to a member of the force who has been terminated, retired, suspended or otherwise separated from service by reason of death, retirement or any other cause.
e. A decision as to eligibility for benefits pursuant to this section shall not be binding on the medical board or the board of trustees of any pension fund in the determination of eligibility for an accident disability or accidental death benefit.
f. As used in this section the term "incapacity" shall mean the inability to perform full, limited, or restricted duty.

§ 14–123 Suspension of members of force. The commissioner shall have power to suspend, without pay, pending the trial of charges, any member of the force. If any member so suspended shall not be convicted by the commissioner of the charges so preferred, he or she shall be entitled to full pay from the date of suspension, notwithstanding such charges and suspension.

§ 14–124 Termination of service of members of force because of superannuation. No member of the police force in the department, except surgeons of police, a roentgenologist and a veterinarian, who is or hereafter attains the age of sixty-three years shall continue to serve as a member of such force but shall be retired and placed on the pension rolls of the department, provided, however, that any member who is not eligible for retirement at age sixty-three shall continue to serve as a member only until such time as he or she becomes eligible for such pension service retirement, provided further that any member participating in the social security program may elect to remain in the department but only until such time as he or she has earned the minimum number of quarters of coverage required to assure future eligibility for social security retirement benefits, but in no event beyond sixty-five years of age.
Notwithstanding the provisions of this section or of any other section of law, any member who shall not have completed thirty-five years of creditable city service within the meaning of subdivision j of section 13-206, prior to attaining the age of sixty-three years may continue to serve as a member until he or she shall have completed such thirty-five years of creditable city service.

§ 14–125 Rehearing of charges; reinstatement of members of department. a. Upon written application to the mayor by the person aggrieved, setting forth the reasons for demanding such rehearing, the commissioner may rehear the charges upon which a member or a probationary member of the uniformed force has been dismissed, or reduced from the rank theretofore held by him or her. Such person or persons shall be required to waive in writing all claim against the city for back pay and shall obtain from the mayor his or her consent to such rehearing, such consent to be in writing and to state the reasons why such charges should be reheard.
b. Such application for a rehearing shall be made within one year from the date of the removal or reduction in rank.
c. If the commissioner shall determine that such member has been illegally or unjustly dismissed or reduced, the commissioner may reinstate such member or restore him or her to the rank from which he or she was reduced, as the case may be, and allow him or her the whole of his or her time since such dismissal, to be applied on his or her time of service in the department, or the commissioner may grant such other or further relief as he or she may determine to be just, or the commissioner may affirm the dismissal or reduction, as he or she may determine from the evidence.
d. If the applicant be a probationary member of the department, the commissioner may allow him or her the time already served as a probationary member to count as time served, but shall not allow the time between the date of his or her dismissal and his or her restoration to count as service in the department.
e. Employees of the department, not entitled to a trial before dismissal, and who were given an opportunity to explain charges before they were removed, may apply to the mayor, within one year from the date of the order separating them from the service, for a further opportunity to explain, setting forth the reasons for such action. The mayor, in his or her discretion, may grant such application. The commissioner, thereupon, shall afford a further opportunity to the dismissed employee to explain the charges filed against him or her, on which the removal was based. Thereafter the commissioner, in his or her discretion, may reinstate the dismissed employee or reaffirm the previous removal. Prior to any reinstatement hereunder, such former employee shall file a written statement waiving all claim or claims for back salary and damages of any kind whatsoever.

§ 14–126 Resignations, absence on leave. a. A member of the force, under penalty of forfeiting the salary which may be due such member, shall not withdraw or resign, except by permission of the commissioner.
b. Absence, without leave, of any member of the force for five consecutive days shall be deemed and held to be a resignation, and the member so absent shall, at the expiration of such period cease to be a member of the force and be dismissed therefrom without notice.
c. Leave of absence, other than for sickness, exceeding thirty days in any one year shall be granted or allowed to any member of the force, only upon the condition that such member shall waive and release not less than one-half of all salary and claim thereto during such absence.

§ 14–127 Contingent expenses of department, bond of commissioner. a. The commissioner of finance shall from time to time pay over and advance to the commissioner such portions of the appropriation made to the department for contingent expenses, not exceeding one hundred fifty thousand dollars at any one time, for which requisition may be made by such commissioner. The commissioner shall transmit to the department of finance the original vouchers for the payment of all sums of money disbursed by such commissioner on account of such contingent expenses, and no greater sum than one hundred fifty thousand dollars in excess of the amount duly accounted for by such vouchers shall be advanced to the commissioner at any one time.
b. The commissioner shall give a bond of one hundred fifty thousand dollars, with two sufficient sureties, to be approved by the comptroller, for the faithful performance of the duties imposed and privileges conferred upon such commissioner by this section.

§ 14–128 Three platoon system; traffic squad not affected by. The three platoon system shall not apply to or govern the hours or tours of duty of sergeants or police officers of the city of New York, who may from time to time be detailed or assigned to what is known and designated as the traffic squad, provided, nevertheless, that the total number of members of the police force or department of such city, so detailed or assigned to such traffic squad, shall not at any time exceed in the aggregate one-third of the entire police force or department.

§ 14–129 Commissioner; to fix boundaries of precincts; to furnish station houses. a. The number and boundaries of the precincts shall be fixed by the commissioner. The commissioner shall, from time to time, with the approval of the mayor, within the appropriation provided therefor, establish, provide and furnish stations and station houses, or substations and substation houses, at least one to each precinct, for the accommodation thereat of members of the force, and as places of temporary detention for persons arrested and property taken within the precinct. However, the commissioner shall provide written notice with supporting documentation at least forty-five days prior to the permanent closing, removal or relocation of any permanent station, station house, substation or substation house to the council members, community boards and borough presidents whose districts are served by such facility and the chairperson of the council's public safety committee. For purposes of this section, the term "permanent" shall mean a time period in excess of six months. In the event that the permanent closing of any stations and station houses, or substations and substation houses does not occur within four months of the date of the written notice, the commissioner shall issue another written notice with supporting documentation prior to such permanent closing. The four months during which the written notice is effective shall be tolled for any period in which a restraining order or injunction prohibiting the closing of such noticed facility shall be in effect.
b. A sufficient sum of money shall be appropriated annually for the purpose of furnishing horses, automotive equipment and apparatus connected therewith, and the maintenance thereof, and for the other purposes authorized by this section.

§ 14–130 Returns of arrests; accused to be taken before judge of the criminal court. a. Every arrest made by any member of the force shall be made known immediately to the superior on duty in the precinct wherein the arrest was made, by the person making the same. It shall be the duty of such superior, to make written return of such arrest within twenty-four hours, according to the rules and regulations of the department, with the name of the party arrested, the alleged offense, the time and place of arrest, and the place of detention.
b. Each member of the force, under the penalty of ten days' fine, or dismissal from the force, at the discretion of the commissioner, immediately upon an arrest, shall convey in person the offender before the nearest sitting judge of the criminal court, that he or she may be dealt with according to law. If the arrest is made during the hours that the judge of the criminal court does not regularly hold court, or if the judge of the criminal court is not holding court, such offender may be detained in a precinct or station house thereof, until the next regular public sitting of the judge of the criminal court, and no longer, and shall then be conveyed without delay before the judge of the criminal court to be dealt with according to law.

§ 14–131 Accommodations for women. The commissioner shall designate one or more station houses for the detention and confinement of women under arrest in the city. The commissioner shall provide sufficient accommodations for women held under arrest, keep them separate and apart from the cells, corridors and apartments provided for males under arrest, and so arrange each station house that no communication can be had between men and women therein confined, except with the consent of the officer in command of such station house. Officers or employees other than female staff assigned to this detail, shall be admitted to the corridors or cells of the women prisoners only with the consent of the officer in command of such station house. In every station house to which female members of the force or other female staff are detailed, toilet accommodations shall be provided for female staff, which accommodations shall be wholly separate and apart from the toilet accommodations provided for prisoners, or for male personnel attached to such station house.

§ 14–132 Proceedings where woman is arrested. Whenever a woman is arrested and taken to a police station, it shall be the duty of the officer in command of the station to cause a female staff member assigned to this detail to be summoned forthwith, and whenever a woman is arrested in any precinct in which no such female staff member is assigned, she shall be taken directly to the station house designated to receive the women prisoners of the precinct in which the arrest is made. Such separate confinement, or any such removal of any woman, shall not operate to take from any court any jurisdiction which it would have had. The term "woman" as used in this section and section 14-131 of this title shall not include any female either actually or apparently under the age of sixteen years whose care is assumed by any incorporated society for the prevention of cruelty to children; but every such female detainee under the age of sixteen shall be taken directly to a station house designated to receive women prisoners and shall be at once transferred therefrom by the officer in charge, to the custody of such society.

§ 14–133 Use of boats. In any precinct or precincts, comprising waters of the harbor, the commissioner may use and procure, through the department of citywide administrative services, such boats as shall be deemed necessary.

§ 14–134 Civil process. A police officer while actually on duty shall not be liable to arrest on civil process, or to service of subpoena from civil courts.

§ 14–135 Reimbursement for loss of property by member of force while in performance of duty. Whenever any member of the uniformed force of the department shall, while in the actual performance of police duty, lose or have destroyed any of his or her personal belongings, satisfactory proof thereof having been shown to the commissioner, such member shall be reimbursed to the extent of the loss sustained, at the expense of the city.

§ 14–136 Rewards. a. To members of force. The commissioner for meritorious and extraordinary services rendered by any member of the force in due discharge of his or her duty, may permit any member of the force to retain for his or her own benefit any reward or present, or some part thereof, tendered him or her therefor; and it shall be cause for removal from the force for any member thereof to receive any such reward or present without notice thereof to the commissioner. Upon receiving such notice, the commissioner may either order the said member to retain the same, or shall dispose of it for the benefit of the police pension fund.
b. To informers. The commissioner shall have authority to offer rewards to induce any person to give information which shall lead to the detection, arrest and conviction of persons guilty of a felony and to pay such awards to such persons who shall give such information. Such a reward shall be offered only if there be an unexpended appropriation therefor. The city shall make the necessary appropriation for such purpose.

§ 14–137 Subpoenas; administration of oaths. a. The commissioner, and his or her deputies shall have the power to issue subpoenas, attested in the name of the commissioner and to exact and compel obedience to any order, subpoena or mandate issued by them and to that end may institute and prosecute any proceedings or action authorized by law in such cases. The commissioner, and his or her deputies may in proper cases issue subpoena duces tecum. The commissioner may devise, make and issue process and forms of proceedings to carry into effect any powers or jurisdiction possessed by him or her.
b. The commissioner, each of his or her deputies, the chief clerk, and the first and second deputy clerks of such department and hearing officers of the division of licenses or any superior officer of the rank of sergeant or above specifically designated by the commissioner, are hereby authorized and empowered to administer oaths and affirmations in the usual or appropriate forms, to any person in any matter or proceedings authorized as aforesaid, and in all matters pertaining to the department, or the duties of any officer or other person in matters of or connected with such department and to administer oaths of office which may be taken or required in the administration or affairs of such department, and to take and administer oaths and affirmations, in the usual or appropriate forms in taking any affidavit or disposition which may be necessary or required by law or by order, rule or regulation of the commissioner for or in connection with the official purposes, affairs, powers, duties or proceedings of the department, or of such commissioner or member of the force or any official purpose lawfully authorized by said commissioner.
c. Any person making a complaint that a felony or misdemeanor has been committed may be required to make oath or affirmation thereto, and for this purpose the commissioner, each of his or her deputies, the chief clerk, or deputy clerks of the department, the inspectors, captains, lieutenants and sergeants shall have power to administer oaths and affirmations.

§ 14–138 Minutes of commissioner; when evidence. A copy of the minutes of the commissioner or of any part of such minutes, or of any order or resolution of the commissioner, or of the rules and regulations established by him or her when certified by the commissioner or the chief clerk, or first deputy clerk of the department, may be given in evidence upon any trial, investigation, hearing or proceeding in any court, or before any tribunal, commissioner or commissioners, or board, with the same force and effect as the original.

§ 14–139 Disposal of horses. Whenever any horses used in the department shall have become unfit for use therein, the commissioner, instead of causing such horses to be sold at auction, may transfer such horses to the custody of the American Society for the Prevention of Cruelty to Animals, provided such society is willing to accept the custody thereof, to be disposed of in such manner as such society may deem best. If, however, any horse so received into the custody of such society and formerly used in the department shall thereafter be sold by such society, or any profit be derived from its use, the proceeds from such sale or use shall be paid over by such society to the commissioner, for the benefit of the police pension fund.

§ 14–140* Property clerk. a. Appointment, duties and security.
1. The commissioner shall employ a property clerk who shall take charge of all property and money hereinafter described.
2. All such property and money shall be described and registered by the property clerk in a record kept for that purpose, which shall contain a description of such property or money, the name and address of the owner or claimant if ascertained, the date and place where obtained or found, the name and address of the person from whom taken or obtained, with the general circumstances, the name of the officer by whom recovered or obtained, the date when received by the property clerk, the names and addresses of all claimants thereto, and any final disposition of such property or money.
3. The property clerk shall have power to administer oaths to and take affidavits and depositions of any person or claimant in all matters pertaining to the powers and duties of the property clerk, and property and money in his or her custody and claims thereto.
4. The commissioner may require and take security for the faithful performance of the duties of the property clerk.
b. Custody of property and money. All property or money taken from the person or possession of a prisoner, all property or money suspected of having been unlawfully obtained or stolen or embezzled or of being the proceeds of crime or derived through crime or derived through the conversion of unlawfully acquired property or money or derived through the use or sale of property prohibited by law from being held, used or sold, all property or money suspected of having been used as a means of committing crime or employed in aid or furtherance of crime or held, used or sold in violation of law, all money or property suspected of being the proceeds of or derived through bookmaking, policy, common gambling, keeping a gambling place or device, or any other form of illegal gambling activity and all property or money employed in or in connection with or in furtherance of any such gambling activity, all property or money taken by the police as evidence in a criminal investigation or proceeding, all property or money taken from or surrendered by a pawnbroker on suspicion of being the proceeds of crime or of having been unlawfully obtained, held or used by the person who deposited the same with the pawnbroker, all property or money which is lost or abandoned, all property or money left uncared for upon a public street, public building or public place, all property or money taken from the possession of a person appearing to be insane, intoxicated or otherwise incapable of taking care of himself or herself, that shall come into the custody of any member of the police force or criminal court, and all property or money of inmates of any city hospital, prison or institution except the property found on deceased persons that shall remain unclaimed in its custody for a period of one month, shall be given, as soon as practicable, into the custody of and kept by the property clerk except that vehicles suspected of being stolen or abandoned and evidence vehicles as defined in subdivision b of section 20–495 of the code may be taken into custody in the manner provided for in subdivision b of section 20–519 of the code.
c. Return of property and money to person accused. Whenever property or money taken from any person arrested shall be alleged to have been feloniously obtained, or to be the proceeds of crime, and brought, with all ascertained claimants thereof, and the person arrested, before a judge of the criminal court for adjudication, and the judge of the criminal court shall be satisfied from the evidence that the person arrested is innocent of the offense alleged, and that the property rightfully belongs to him or her, then such judge thereupon, in writing, may order such property or money to be returned, and the property clerk, if he or she have it, to deliver such property or money to the accused person, and not to any attorney, agent or clerk of such accused person.
d. Disputed ownership. If any claim to the ownership of such property or money shall be made on oath before the judge, by or in behalf of any other persons than the person arrested, and such accused person shall be held for trial or examination, such property or money shall remain in the custody of the property clerk until the discharge or conviction of the person accused and until lawfully disposed of.
e. Disposition of property and money. 1. Abandoned vehicles subject to the provisions of section twelve hundred twenty-four of the vehicle and traffic law in the custody of the property clerk shall be disposed of in accordance with the provisions of such section twelve hundred twenty-four. The city may convert to its own use in any calendar year one percent of any such abandoned vehicles not subject to subdivision two of such section twelve hundred twenty-four which are not claimed. All moneys or property other than abandoned vehicles subject to the provisions of such section twelve hundred twenty-four that shall remain in the custody of the property clerk for a period of three months without a lawful claimant entitled thereto shall, in the case of moneys, be paid into the general fund of the city established pursuant to section one hundred nine of the charter, and in the case of property other than such abandoned vehicles, be sold at public auction after having been advertised in "the City Record" for a period of ten days and the proceeds of such sale shall be paid into such fund. In the alternative, any such property may be used or converted to use for the purpose of any city, state or federal agency, or for charitable purposes, upon consultation with the human resources administration and other appropriate city agencies, and the commissioner shall report annually to the city council on the distribution of such property. Notwithstanding the foregoing, all property or money of a deceased person that shall come into the custody of the property clerk shall be delivered to a representative of the estate of such decedent and if there be no such representative, to the public administrator of the county where the decedent resided. Where moneys or property have been unlawfully obtained or stolen or embezzled or are the proceeds of crime or derived through crime or derived through the conversion of unlawfully acquired property or money or derived through the use or sale of property prohibited by law from being held, used or sold, or have been used as a means of committing crime or employed in aid or in furtherance of crime or held, used or sold in violation of law, or are the proceeds of or derived through bookmaking, policy, common gambling, keeping a gambling place or device, or any other form of illegal gambling activity or have been employed in or in connection with or in furtherance of any such gambling activity, a person who so obtained, received or derived any such moneys or property, or who so used, employed, sold or held any such moneys or property or permitted or suffered the same to be used, employed, sold or held, or who was a participant or accomplice in any such act, or a person who derives his or her claim in any manner from or through any such person, shall not be deemed to be the lawful claimant entitled to any such moneys or property except that as concerns any vehicle taken into custody in the manner provided for in subdivision b of section 20–519 of the code, the authorized tow company shall receive from the department the cost of towing and storage as provided under subdivision c of section 20–519.
2. The commissioner, however, where the property consists of any property that has been used as a means of committing crime or employed in aid or in furtherance of crime or held, used or sold in violation of law, or gambling apparatus or any property employed in or in connection with or in furtherance of any gambling activity, or burglar tools of any description, or firearms, cartridges or explosives, or armored or bullet-proof clothing or motor vehicles, or instruments, articles or medicines for the purpose of procuring abortion or preventing conception, or wines, fermented liquors and other alcoholic beverages and the receptacles thereof, or soiled, bloody or unsanitary clothing, or solids and liquids of unknown or uncertain composition, or opium, morphine, heroin, cocaine or any of its admixtures or derivatives, and other narcotics, or hypodermic syringes and needles, or obscene pictures, prints, books, publications, effigies or statues, or any poisonous, noxious, or deleterious solids or liquids, or any property which in the opinion of the commissioner, is of slight value or the sale of which might result in injury to the health, welfare or safety of the public, may direct and empower the property clerk to destroy each and every article of such nature. If, in the opinion of the commissioner, any such property may be used or converted to use for the purpose of the department or any city, state or federal agency, such property may in the discretion of the commissioner be used or converted to use for any such purpose, and the same need not be sold or destroyed as in this section provided.
3. Perishable property may be sold as soon as practicable on the best terms available and the proceeds of such sale shall be disposed of as in this section provided.
f. Lawful property right to be established. In any action or proceeding against the property clerk for or on account of any property or money in his or her custody, a claimant from whose possession such property or money was taken or obtained, or any other claimant, shall establish that he or she has a lawful title or property right in such property or money and lawfully obtained possession thereof and that such property or money was held and used in a lawful manner. In any such action or proceeding, a claimant who derives his or her title or right by assignment, transfer or otherwise from or through the person from whose possession such property or money was taken or obtained, shall further establish that such person had a lawful title or property right in such property or money and lawfully obtained possession thereof and that such property or money was held and used in a lawful manner.
g. No action for property or money held as evidence. No action or proceeding may be brought against the property clerk for or on account of any property or money held as evidence in any criminal investigation or proceeding until the termination thereof.
h. Preservation of property. Where the property consists of furs or other valuable property that may be subject to deterioration or damage if stored by the property clerk, the property clerk in his or her discretion may store such property with a private concern having special facilities for such storage, and the cost thereof shall be a lien upon such property to be paid by the owner thereof prior to the recovery of such property.
i. Removal and storage charges for motor vehicles and boats.
1. Whenever an abandoned motor vehicle or boat, or a motor vehicle or boat involved in an accident, or a boat found adrift and unoccupied upon the waters of the city of New York which is in the custody of the property clerk, shall be claimed by the owner or other person lawfully entitled to possession thereof, such owner or other person shall not be entitled to the return thereof unless he or she shall first pay to the property clerk a removal charge of twenty-five dollars and a storage charge of five dollars for each day, or fraction thereof, except that in the case of a boat found adrift and unoccupied upon the waters of the city of New York, such storage charge shall not be applied until three days after notice to the owner by registered mail from the property clerk that such boat is in police custody.
2. Whenever a stolen motor vehicle or boat, which is in the custody of the property clerk, shall not be removed by the owner or other person lawfully entitled to possession thereof within three days after notice by registered mail from the property clerk, such owner or other person shall not be entitled to the return thereof unless he or she shall first pay to the property clerk a storage charge of five dollars for each day, or fraction thereof, after the expiration of such three-day period.
3. Notwithstanding the provisions of paragraphs one and two of this subdivision, where the department has incurred charges for removal and storage of an abandoned or stolen motor vehicle pursuant to subchapter thirty-one of chapter two of title twenty of the code, an owner or other person lawfully entitled to possession of such motor vehicle shall not be entitled to the return thereof unless he or she shall first pay all such charges incurred by the department pursuant to such subchapter thirty-one together with any applicable storage charge provided for in this subdivision.
4. The removal and storage charges provided by this subdivision, or incurred by the department pursuant to subchapter thirty-one of chapter two of title twenty of such code, as applicable, shall be a lien upon such motor vehicle or boat and the property clerk shall refuse to return such motor vehicle or boat until such charges are paid, except that where such motor vehicle or boat is the property of an estate administered by a public administrator, the removal charge and the storage charge shall be general claims against the estate of the deceased.
5. The property clerk shall not require the payment of any charges provided by this subdivision for the removal or storage of any motor vehicle or boat in his or her custody while it is held as evidence in a criminal investigation or proceeding.
6. It shall be the duty of the property clerk to keep a complete record of the moneys collected pursuant to this subdivision. Such moneys shall be paid into the general fund of the city established pursuant to section one hundred nine of the charter.
j. Property and money desired to be produced in criminal court. If any property or money placed in the custody of the property clerk shall be desired to be produced as evidence in any criminal court, such property or money shall be delivered to any officer who shall present an order to that effect from such court. Property or money used as evidence in any criminal court shall not be retained in such court but shall be turned over as soon as practicable to the property clerk to be disposed of according to the provisions of this section.
k. Public administrators not affected. Nothing in this section shall in any way contravene, modify or repeal any existing provision of law, general, special or local, relating to the jurisdiction, powers, privileges, personnel, duties and functions of any public administrator.

§ 14–141 Common law and statutory powers of constables.
The members of the force while on duty in the city and whenever in any other part of this state, shall possess all the common law and statutory powers of constables, except for the service of civil process, and any warrant for search or arrest, issued by any judge of this state, may be executed, in any part thereof, by any member of the force.

§ 14–147 Workers' compensation for members of auxiliary police. a. As used in this section, the term "member of the auxiliary police" shall mean and include only a volunteer who is a duly enrolled member in good standing of the auxiliary police which the city is authorized to recruit by subdivision five of section twenty-three of the New York state defense emergency act, as enacted by chapter seven hundred eighty-four of the laws of nineteen hundred fifty-one, and who is not within the coverage of the workers' compensation law pursuant to group seventeen of subdivision one of section three of the workers' compensation law.
b. Pursuant to the authorization contained in group nineteen of subdivision one of section three of the workers' compensation law the coverage of the workers' compensation law is hereby extended to the activities of any member of the auxiliary police during any period which such member is actually engaged in auxiliary police activites duly authorized by regulation or order issued pursuant to the New York state defense emergency act including any such activities as may be prescribed by the commissioner of the city pursuant to such regulation or order, such coverage shall extend to such member of the auxiliary police, but only to the extent that such member is not, as to any such activities, covered by article ten of the workers' compensation law.

§ 14–148 Uniform allowance for members of auxiliary police. a. Legislative intent. In the public interest and under the powers granted by the charter to the council to enact legislation for the good and welfare of the citizens of New York, it is the intent of the council by this legislation to attract more men and women to serve as auxiliary police. These men or women are trained by our regular police forces and are similarly uniformed and equipped except that they do not carry guns. The appearance on the streets of many men or women wearing the police uniform, in precincts where auxiliary police are active, has done much to reduce the crime rates in those areas. Auxiliary police serve without pay as civic minded citizens. Their presence in uniform on the streets serves to release regular uniformed police for patrol duty and lessens the neighborhood fear of crime. Auxiliary police patrol in pairs and by radio can summon instant assistance from the regular police should they encounter a situation which they have not been trained to handle. Their presence on the streets makes for good community relations between the citizens and the regular police. It is small repayment for the valuable services they render to provide them with a uniform allowance.
b. Allowance. Duly enrolled members in good standing of the auxiliary police, upon successful completion of training, shall receive an initial allowance not to exceed two hundred fifty dollars towards the initial purchase of uniforms and accessories for same, including care and maintenance. The amount of such allowance shall be determined by the police commissioner and shall not exceed the actual costs incurred for such uniforms and accessories including care and maintenance. Such members other than those receiving such initial allowance in the then current or preceding fiscal year, shall be eligible for an allowance towards the purchase of uniforms and accessories for same, including care and maintenance to be awarded to each such member who shall otherwise qualify in accordance with the provisions of this subdivision. The commissioner shall determine the amount of the allowance to be awarded based on but not limited to the member's participation, hours of service, expense incurred in maintaining uniforms and equipment and such other facts deemed pertinent by the commissioner. Payments shall be made for the preceding fiscal year after certification by the commanding officer of the auxiliary forces section to the police commissioner of such facts as the commissioner may deem pertinent to enable him or her to make his or her determination.
c. Auxiliary police not to be members of regular police force. Notwithstanding the provisions of this section nothing contained therein shall be construed to constitute such auxiliary police officers members of the regular police force or to entitle them to the privileges and benefits of the regular police force or to become members of the police pension funds.

§ 14–149 Police 911 operational time analysis report. a. Definitions. For the purposes of this section, the following terms shall be defined as follows:
(i) "Call" shall mean a telephone call to the 911 emergency assistance system.
(ii) "Incident" shall mean an event which results in the response of a police unit as a result of a call to the 911 emergency assistance system, regardless of the number of calls made with respect to such incident.
(iii) "Police unit" shall mean a radio motor patrol unit, patrol officer or other police department personnel.
(iv) "Dispatch time" shall mean the interval of time between the time the information received by the 911 telephone operator is entered into the 911 emergency assistance system and the assignment of a police unit to the scene of the incident.
(v) "Travel time" shall mean the interval of time between the assignment of a police unit and the arrival of the first police unit at the scene of the incident.
(vi) "Response time" shall mean the sum of dispatch time and travel time.
(vii) "Disposition" shall mean a police unit's report to the 911 emergency assistance system on its response to an assignment that has resulted from a call or incident.
b. The New York city police department shall submit to the city council an operational time analysis report summarizing departmental performance with respect to calls to the 911 emergency assistance system. Such report shall include the following information:
1. The aggregate number of calls on a citywide and borough-wide basis.
2. The aggregate number of incidents.
3. The aggregate number of incidents where the dispatcher has received a disposition from a police unit.
4. The aggregate number of incidents involving a report of a crime in progress.
5. The aggregate number of incidents involving a report of a crime in progress resulting in the dispatch of a police unit where the dispatcher received confirmation of a police unit's arrival at the scene of the incident.
6. The average dispatch time, travel time and response time for all police units responding to incidents involving a report of a crime in progress.
7. The aggregate number of incidents involving a report of a crime in progress in each of the following categories:
(i) those for which response time was no greater than ten minutes;
(ii) those for which response time was greater than ten minutes but no more than twenty minutes;
(iii) those for which response time was greater than twenty minutes but no more than thirty minutes;
(iv) those for which response time was greater than thirty minutes but no more than one hour; and
(v) those for which response time was greater than one hour.
c. The data contained in the 911 operational time analysis report required by paragraphs two through seven of subdivision b of this section shall be provided on a citywide, borough-wide, precinct-by-precinct and tour-by-tour basis. The 911 operational time analysis report shall be submitted to the council quarterly. In addition, the data contained in such report shall be incorporated in the mayor's preliminary and final management reports. Notwithstanding any other provision of law, the operational time analysis report required by subdivision b to be submitted to the council is not required to be transmitted in electronic format to the department of records and information services, or its successor agency, and is not required to be made available to the public on or through the department of records and information services' web site, or its successor's web site.

§ 14–150 Police department reporting requirements. a. The New York City Police Department shall submit to the city council on a quarterly basis the following materials, data and reports:
1. All academy, in-service, roll-call and other specialized department training materials and amendments thereto distributed to cadets, recruits, officers and other employees of the department, except where disclosure of such material would reveal nonroutine investigative techniques or confidential information or where disclosure could compromise the safety of the public or police officers or could otherwise compromise law enforcement investigations or operations.
2. All patrol guide procedures newly promulgated or revised.
3. A report detailing the number of uniformed personnel and civilian personnel assigned to each and every patrol borough and operational bureau performing an enforcement function within the police department, including, but not limited to, each patrol precinct, housing police service area, transit district and patrol borough street crime unit, as well as the narcotics division, fugitive enforcement division and the special operations division including its subdivisions, but shall not include internal investigative commands and shall not include undercover officers assigned to any command. Such report shall also include, for each school operated by the department of education to which school safety agents are assigned, the number of school safety agents, averaged for the quarter, assigned to each of those schools.
4. A crime status report. Such report shall include the total number of crime complaints (categorized by class of crime, indicating whether the crime is a misdemeanor or felony) for each patrol precinct, including a subset of housing bureau and transit bureau complaints within each precinct; arrests (categorized by class of crime, indicating whether the arrest is for a misdemeanor or felony) for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; summons activity (categorized by type of summons, indicating whether the summons is a parking violation, moving violation, environmental control board notice of violation, or criminal court summons) for each patrol precinct, housing police service area and transit district; domestic violence radio runs for each patrol precinct; average response time for critical and serious crimes in progress for each patrol precinct; overtime statistics for each patrol borough and operational bureau performing an enforcement function within the police department, including, but not limited to, each patrol precinct, housing police service area, transit district and patrol borough street crime unit, as well as the narcotics division, fugitive enforcement division and the special operations division, including its subdivisions, but shall not include internal investigative commands and shall not include undercover officers assigned to any command.
5. A report based on the information provided in the department's Stop, Question and Frisk Report Worksheet and any successor form or worksheet. Such report shall include the number of stop, question and frisks for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; a breakdown of the number of stop, question and frisks by race and gender for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; the number of suspects arrested or issued a summons as indicated on each stop, question and frisk report for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; a breakdown by race and gender of the suspects arrested or issued a summons as indicated on each stop, question and frisk report for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; a listing, by category, of the factors leading to the stop, question and frisk for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division, with a breakdown by race and gender for each listed factor; and a summary of complaints of violent felony crime for each patrol precinct, with a breakdown by race and gender of the suspect as identified by the victim.
6. A report, for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division, of the number of summonses issued for moving violations, with a breakdown by race and gender. Such report shall be generated using data provided by the State Department of Motor Vehicles at such time as the State Department of Motor Vehicles amends its traffic summons to reflect such race and gender information.
7. A report of the number of positions that are civilianizable, including a listing of each position by job title, and the number of positions that were civilianized. "Civilianizable" shall mean any position that does not require uniformed expertise.
b. The information, data and reports requested in subdivision a shall be provided to the council except where disclosure of such material could compromise the safety of the public or police officers or could otherwise compromise law enforcement operations. Notwithstanding any other provision of law, the information, data and reports requested in subdivision a are not required to be transmitted in electronic format to the department of records and information services, or its successor agency, and are not required to be made available to the public on or through the department of records and information services' web site, or its successor's web site. These reports shall be provided to the council within 30 days of the end of the reporting period to which the reports correspond or for which the relevant data may be collected, whichever is later. Where necessary, the department may use preliminary data to prepare the required reports and may include an acknowledgment that such preliminary data is non-final and subject to change.

§ 14–151 Racial or Ethnic Profiling Prohibited. a. Definitions. As used in this section, the following terms have the following meanings:
1. "Racial or ethnic profiling" means an act of a member of the force of the police department or other law enforcement officer that relies on race, ethnicity, religion or national origin as the determinative factor in initiating law enforcement action against an individual, rather than an individual's behavior or other information or circumstances that links a person or persons of a particular race, ethnicity, religion or national origin to suspected unlawful activity.
2. "Law enforcement officer" means (i) a peace officer or police officer as defined in the Criminal Procedure Law who is employed by the city of New York; or (ii) a special patrolman appointed by the police commissioner pursuant to section 14–106 of the administrative code.
b. Prohibition. Every member of the police department or other law enforcement officer shall be prohibited from racial or ethnic profiling.

§ 14–201 Regulation of solicitation by law enforcement affiliated organizations. As used in this chapter, the following terms shall have the following meanings:
1. "Law enforcement affiliated organization." a. Any organization, association, or conference of present or former members of the force, sheriffs, deputy sheriffs, detectives, investigators, constables or similar law enforcement officers or peace officers or police officers as defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law, or any auxiliary or affiliate of such an organization, association, or conference composed of one or more such organizations.
b. Any organization, association or conference established for the benefit of, benevolence towards or support of present or former members of the force, sheriffs, deputy sheriffs, detectives, investigators, constables or similar law enforcement officers or peace officers or police officers as defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law, or the families of such law enforcement personnel.
2. "Professional fund raiser." Any person who for compensation or other consideration plans, conducts, manages, or carries on any drive or campaign in the city for the purpose of soliciting funds or contributions for or on behalf of any law enforcement affiliated organization, or who engages in the business of, or holds himself or herself out to persons in the city as independently engaged in the business of soliciting contributions for such purposes.
3. "Professional solicitor." Any person who is employed or retained for compensation by a professional fund raiser to solicit funds or contributions on behalf of any law enforcement affiliated organization from persons in the city.

§ 14–202 Registration of law enforcement affiliated organizations. No law enforcement affiliated organization shall solicit funds or contributions from the public, or have funds or contributions solicited on its behalf, unless it has filed a registration statement with the commissioner or the commissioner's designee in accordance with the provisions of this section. Each registration statement shall be refiled and updated every twelve (12) months so long as the law enforcement affiliated organization is engaged in solicitation activities in the city. Such statements shall be made available to the public in a manner determined by the commissioner or the commissioner's designee and shall contain the following information:
1. The name of the organization and the purpose for which it was organized;
2. The principal address of the organization;
3. A statement indicating whether the organization intends to use professional fund raisers to solicit funds or contributions from the public;
4. The general purpose or purposes for which the contributions solicited shall be used;
5. The names and business addresses of the person or persons in direct charge of conducting the solicitation;
6. The names and business addresses of all professional fund raisers who will be connected with the solicitation;
7. A statement to the effect that the fact of registration will not be used or represented in any way as an endorsement by the city or by the department of the solicitation conducted thereunder;
8. Documents verifying the information provided under provisions one through six above, including all contracts and subsequent amendments thereto between a law enforcement affiliated organization and any professional fund raiser with whom it does business; 9. Once each year on the fifteenth day of February, a report shall be filed with the commissioner stating the amount of funds or contributions collected in the preceding calendar year, the amount expended and the specific recipients and purposes for which said amount was expended, the administrative expenses incurred in said period including a statement of the fees or other charges by any professional fund raisers and the amount paid to same.
10. A statement to the effect that the organization acknowledges that the information contained in the registration statement shall be made available to the public in a manner determined by the commissioner or the commissioner's designee.

§ 14–203 Representation. During the course of each and every solicitation for funds or contributions on behalf of a law enforcement affiliated organization and on an acknowledgement which shall be mailed to the person and/or persons who agree to contribute pursuant to the solicitation, the fund raiser, solicitor or any other person acting on behalf of the law enforcement affiliated organization shall make the following representations.
1. The name and address of the organization represented;
2. A description of the programs in which the organization is actually engaged and for which the funds or contributions will be used;
3. A statement of the percentage of the funds collected during the preceding year which were actually used for the programs in which the organization was then engaged, and that the remaining funds were used for fund raising activities.

§ 14–204 Prohibited acts. It shall be unlawful to solicit funds or contributions on behalf of a law enforcement affiliated organization:
1. By using a name, symbol or statement so closely related to that used by another law enforcement affiliated organization or governmental agency that the use thereof would tend to confuse or mislead the public, including the use of statement or materials that would indicate that such funds or contributions were being raised for the department or the patrolman's benevolent association of the city of New York, unless such agency or association shall have given its written permission for the raising of such funds for it, and the use of its name in connection with the solicitation of funds;
2. By means of a false pretense, representation or promise which includes representing:
(i) that the professional fund raisers or solicitors are members of the police force or employees of any law enforcement agency;
(ii) that funds collected will be used to aid surviving spouses, domestic partners or children of members of the police force slain in the line of duty or that the funds collected will be used for any other charitable program unless the organization is actually engaged in such a program;
(iii) that contributors will receive special benefits from members of the police force;
(iv) that contributions are tax exempt as a charitable contribution or as a business expense unless they so qualify under the applicable provisions of the internal revenue codes;
(v) by any manner, means, practice or device that misleads the person solicited as to the use of the funds or the nature of the organization.

§ 14–205 Criminal and civil penalties. a. Any person who violates or assists in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not less than one thousand nor more than ten thousand dollars or up to one year imprisonment, or both. Each such violation shall be a separate and distinct offense.
b. Such person shall also be subject to a civil penalty of not less than one thousand nor more than ten thousand dollars for each violation. Each such violation shall be a separate and distinct offense.

§ 14–206 Enforcement actions or proceedings. The civil penalties prescribed by this chapter shall be recovered by an action or proceeding in any court of competent jurisdiction. All such actions or proceedings shall be brought in the name of the city by the corporation counsel. In addition, the corporation counsel may institute any other action or proceeding in any court of competent jurisdiction that may be appropriate or necessary for the enforcement of the provisions of this chapter, including actions to secure permanent injunctions enjoining any acts or practices which constitute a violation of any provision of this chapter, mandating compliance with the provisions of this chapter or for such other relief as may be appropriate. In any such action or proceeding the city may apply to any court of competent jurisdiction, or to a judge or justice thereof, for a temporary restraining order or preliminary injunction enjoining and restraining all persons from violating any provision of this chapter, mandating compliance with the provisions of this chapter, or for such other relief as may be appropriate, until the hearing and determination of such action or proceeding and the entry of final judgment or order therein. The court, or judge or justice thereof, to whom such application is made, is hereby authorized forthwith to make any or all of the orders above specified, as may be required in such application, with or without notice, and to make such other or further orders or directions as may be necessary to render the same effectual. No undertaking shall be required as a condition to the granting or issuing of such order, or by reason thereof.

§ 14–207 Scope of remedies. The remedies and penalties provided for herein shall be in addition to any other remedies and penalties provided under other provisions of law.

§ 14–208 Construction. The provisions of this chapter shall not be construed to apply to any law enforcement affiliated organizations when solicitation of contributions is confined to their membership. In addition, the provisions of this chapter shall not be construed to apply to any person or law enforcement affiliated organization which solicits contributions for the relief of any individual, specified by name at the time of solicitation, if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary.

Fuente / Source: Public Access Portal to the Laws of the City of New York

 

Ultima actualización: February, 2008