Nypd Patrol Guide 2005.pdf
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P.G. 200-01 Foreword Date Effective: 01-01-00 As the Police Department approaches a new century, we face fresh and more difficult challenges every day. The knowledge, skills and abilities of every member of the Department will be tested as we strive to provide superior police services to all communities throughout the City of New York. As we progress, we will continue to raise the standards of performance even higher, to maintain the gains we have recently achieved, and set new goals and objectives for the future. The development and publication of this newly revised PATROL GUIDE will provide a strong foundation to support a more dynamic law enforcement agency with the ability to recognize emerging crime problems and properly react to them. The new DEPARTMENT MANUAL will consist of updated and revised copies of the ORGANIZATION GUIDE, PATROL GUIDE, and ADMINISTRATIVE GUIDE. The publication of the new Organization Guide and Patrol Guide mark the completion of Phase I. Existing editions of the Administrative Guide will remain in effect for an interim period, pending completion of Phase II of this project. The Department Manual serves as a guide for ALL members of the service. Every member is expected to be familiar with its contents, and to remain current with all new and revised procedures. All supervisors are expected to be even more knowledgeable to facilitate their ability to lead, train, supervise and discipline subordinates. The Manual does not contain distinct instructions for every situation that may be encountered in the field. Procedures contained in the Manual provide additional guidance on the most common practices of the Department, and serve as performance expectations. Members are expected to perform their duties in accordance with the legal requirements of their position and the extensive training they have received. Members are also required to conform their conduct with their oath of office, and to the mission, values, strategies, objectives, policies, procedures and legal requirements of the Police Department. All members of the Department will be accountable for their actions and should maintain the highest professional standards. Your ability to implement the policy and procedural guidelines provided by the Department make a very important impact on the lives of all New Yorkers. When we fulfill our duties with Courtesy, Professionalism and Respect, we strengthen the bonds between the police and the community. I know I can rely upon your commitment to our important mission, which must be achieved within the framework of our legal obligations. The reputation of "New York's Finest" must be earned every day. POLICE COMMISSIONER P.G. 200-02 Mission And Values Of The New York City Police Department Date Effective: 01-01-00 MISSION The mission of the New York City Police Department is to enhance the quality of life in New York City by working in partnership with the community to enforce the law, preserve peace, reduce fear, and maintain order. The Department is committed to accomplishing its mission to protect the lives and property of all citizens of New York City by treating every citizen with courtesy, professionalism, and respect, and to enforce the laws impartially, fighting crime both through deterrence and the relentless pursuit of criminals. VALUES In partnership with the community, we pledge to: Protect the lives and property of our fellow citizens and impartially enforce the law. Fight crime, both by preventing it and aggressively pursuing violators of the law. Maintain a higher standard of integrity than is generally expected of others because so much is expected of us. Value human life, respect the dignity of each individual and render our services with courtesy and civility. P.G. 200-03 Table Of Contents Date Effective: 01-01-00 SERIES NO. SERIES TITLE 200 General Information 202 Duties and Responsibilities 203 General Regulations 204 Uniforms and Equipment 205 Personnel Matters 206 Disciplinary Matters 207 Complaints 208 Arrests 209 Summonses 210 Prisoners 211 Court and Agency Appearances 212 Command Operations 213 Mobilization/Emergency Incidents 214 Quality of Life Matters 215 Juvenile Matters 216 Aided Cases 217 Vehicle Accidents 218 Property - General 219 Department Property Duties and Responsibilities P.G. 202-01 Borough Commander Date Effective: 01-01-00 BOROUGH COMMANDER 1. Utilize an Investigations Unit, Management and Control Section, and borough adjutant, borough administrator, borough operations commander to administer, assign, control, coordinate, discipline, evaluate, guide, motivate, supervise, and train, all borough personnel to efficiently deliver police services and ensure the mission of the command. a. Develop plans, establish liaisons and implement strategies in the furtherance of achieving the mission of the command. 2. Visit Internal Affairs Bureau and Quality Assurance Division for a briefing upon assignment to command and semi-annually thereafter. 3. Develop plans and strategies for policing large public events. 4. Ensure that borough Operations Unit personnel are familiar with the major facilities in their respective boroughs. 5. Coordinate training for and implementation of Department mobilization procedures. 6. Assign personnel to direct, control, and regulate vehicular and pedestrian traffic, in conjunction with the Traffic Control Division. 7. Supervise performance, assignments and excusals of borough personnel in the rank of captain and above to ensure adequate coverage of duty charts, precincts and units within command. a. If insufficient captains for full coverage, give priority to 1500 to 0700 hours. 8. Submit report Friday morning to bureau chief concerned showing proposed working schedule for Monday through Sunday of following week. a. Include schedule of Executive Aide. 9. Submit monthly report to bureau chief concerned outlining: a. Accomplishments of each captain during period b. Disciplinary action taken c. Schedule of captains' assignments for ensuing month. 10. Report changes in captains' assignments to bureau chief concerned immediately. 11. Provide formal two (2) day training indoctrination program for newly assigned precinct/district/police service area commanders, including precinct/district/police service area conditions, evaluation of personnel, etc. 12. Inspect each subordinate command's "Confidential Performance Profile", annually. [I.O. 53 s 03] 13. Have duty captains, integrity control officers, patrol supervisors, and borough inspection teams make supervisory visits to areas where prisoners are secured/processed such as holding cells, detective holding cells, emergency rooms, and hospitalized prisoner rooms. P.G. 202-02 Borough Adjutant Date Effective: 01-01-00 BOROUGH ADJUTANT 1. Assist in the implementation of borough programs and achievement of overall mission. 2. Review report of investigation of death or serious injury by accident, violence or in discharge of duty of any uniformed member of the service, occurring within jurisdiction. a. Commanding officer of deceased member will make required investigation if death occurred outside New York City in one of the residence counties. 3. Command patrol borough when designated. 4. Conduct investigations and perform other duty as directed by patrol borough commander. 5. Supervise and coordinate activities of administrator, operations commander and supervisor of patrol. 6. Oversee: a. All disciplinary matters within patrol borough b. Court and District Attorney liaisons c. Efficient use of borough facilities. 7. Participate as member of all borough review panels and boards. 8. Prepare, review, and sign reports and endorsements for borough commander, when necessary. 9. Monitor, review and analyze overtime with the goal of maximum utilization of limited resources. 10. Review evaluation process for all personnel, including captains and above. 11. Review Civilian Complaint Review Board and corruption complaint reports. 12. Advise borough commander on all matters that contribute to improved borough operations and performance. P.G. 202-03 Borough Operations Commander Date Effective: 01-01-00 BOROUGH OPERATIONS COMMANDER 1. Oversee field operations conducted within borough jurisdiction, including: a. Crime strategies for all commands b. All major details, parades, demonstrations and policing of large scale events c. Special projects and programs (community policing, civil enforcement, Area Police Private Security Liaison [A.P.P.L.], etc.) d. Mobilization training and procedures. 2. Conduct investigations, prepare communications and perform other duty as directed by the borough commander. 3. Analyze all borough firearms discharge cases. [Rev 02-02] 4. Coordinate activities and resources of the borough task force, and borough anti-crime unit. 5. Confer with Pattern Identification Module supervisor daily. [I.O. 31 s 04] 6. Monitor the activities, and review the effectiveness of, the Street Narcotics Enforcement Units of subordinate commands. P.G. 202-04 Borough Administrator Date Effective: 01-01-00 BOROUGH ADMINISTRATOR 1. Oversee administrative functioning of borough jurisdiction, including: a. Planning b. Holiday, random and self-inspection programs c. Arrest processing d. Overtime programs e. Civilian and corruption complaint reduction programs f. Training programs g. Evaluation process of all borough personnel, including captains and above h. Communications process. 2. Prepare and review all reports and endorsements for the borough commander, including: a. All communications b. Line of duty reports c. Bias reports d. Firearms discharge reports e. Applications for off-duty employment f. Requests for transfer. 3. Study deployment of personnel and recommend redeployment when indicated. 4. Conduct investigations, prepare communications and perform other duty as directed by the patrol/transit/housing borough commander. 5. Supervise staff and coordinate: a. Borough administrative, COMPSTAT, Pattern Identification Module, training and personnel staff b. Community Affairs and Investigations Units c. Schedules for captains and above, including leaves and requests for overtime. 6. Represent the borough adjutant as member of all borough review panels and boards and at other times, as necessary. 7. Act as liaison to Civilian Complaint Review Board, Internal Affairs Bureau, Quality Assurance Division, and Personnel Orders Section. 8. Coordinate efficient use of borough facilities. 9. Review all statistical reports and submit comments and recommendations to the borough adjutant. 10. Review administrative functions of precinct, task force and other borough subunits, in conjunction with the borough Investigations Unit. a. Submit recommendations to borough commander to improve operations. 11. Study personnel needs and review requests of all precincts/units for personnel, equipment, programs and other resources. a. Make recommendations to borough commander. 12. Conduct investigations and perform other duty as directed by the borough commander. NOTE: Borough commanders/executive officers and administrator and counterparts within the Detective Bureau and Organized Crime Control Bureau will visit Internal Affairs Bureau, Quality Assurance Division and Personnel Orders Section for a briefing upon assignment to command and semi-annually thereafter. P.G. 202-05 Patrol Borough School Safety Coordinator (Captain) Date Effective: 01-01-00 PATROL BOROUGH SCHOOL SAFETY COORDINATOR (CAPTAIN) 1. Ensure information is properly collected and disseminated throughout borough commands. 2. Maintain a liaison with the Intelligence Division. 3. Develop interagency borough level school safety strategies. 4. Confer with the Patrol Borough Task Force commander and precinct commanders regarding truancy enforcement. 5. Maintain liaison with Detective Bureau, Organized Crime Control Bureau, Housing Bureau, and Transit Bureau commanders and Board of Education regarding on-going operations. 6. Conduct regular meetings with precinct commanding officers, precinct school safety sergeants and precinct youth officers. 7. Coordinate the use of borough resources to address conditions in and around schools, when necessary. 8. Establish a quality control and review mechanism in order to evaluate the success of programs and initiatives. 9. Ensure that accurate and timely statistics on school incidents are maintained. P.G. 202-06 Patrol Borough Traffic Safety Coordinator Date Effective: 01-01-00 PATROL BOROUGH TRAFFIC SAFETY COORDINATOR 1. Coordinate the activities of the precinct Traffic Safety Officers. 2. Review precinct Accident Prone Location and Enforcement Ratio Reports. 3. Forward Accident Prone Location and Enforcement Ratio reports to the Patrol Services Bureau by the tenth (10) day of the month. 4. Maintain a liaison with Department of Transportation regarding engineering concerns not resolved at the precinct level. 5. Conduct on-site meetings with the precinct Traffic Safety Team and Department of Transportation representatives to resolve and expedite engineering recommendations. 6. Conduct monthly meetings with the precinct Traffic Safety Officers. 7. Attend weekly Trafficstat meetings. 8. Address conditions reported on TRAFFIC INTELLIGENCE REPORTS (PD178-150) that cannot be corrected at the precinct level. 9. Monitor the following enforcement programs: a. Stationary Radar b. Pedestrian Safety Overtime c. Aggravated Unlicensed Operator. 10. Maintain borough statistics for motor vehicle accidents, injuries and fatalities, as well as for summons enforcement. 11. Review construction permits received from the Traffic Management Center and forward copies to the precinct Traffic Safety Officer. 12. Maintain a liaison with various government agencies, community councils and the Borough President's Office regarding traffic concerns. 13. Attend community council and other public meetings to promote traffic safety. 14. Attend Traffic Safety Board meetings chaired by the Borough President. 15. Develop and participate in traffic plans for special events, demonstrations and motorcades. NOTE: All Patrol Borough Traffic Safety Coordinators MUST become familiar with the "Procedural Manual for Traffic Safety Officers." P.G. 202-07 Borough Auxiliary Police Coordinator Date Effective: 01-01-00 BOROUGH AUXILIARY POLICE COORDINATOR 1. Oversee activities and functions of, and provide support for, command auxiliary police coordinators. 2. Provide assistance in the assignment of auxiliary police personnel for special events and details within the borough concerned and outside the borough, if requested by the Commanding Officer, Auxiliary Police Section. 3. Process in a timely manner, requests received from command auxiliary police coordinator for: a. Promotion. b. Recognition awards. 4. Process the return of shields and identification cards for members leaving or dropped from the Auxiliary Police Program. 5. Confer daily, at the start of the tour, with the liaison officer at Auxiliary Police Section to ascertain current program activities and instructions. a. Submit tours of duty, for the upcoming week, to Auxiliary Police Section. 6. Maintain a list of qualified volunteer Auxiliary Police personnel for use in vice enforcement operations. a. Forward monthly enforcement recapitulation to Auxiliary Police Section. 7. Conduct a borough annual awards/graduation ceremony in recognition of volunteer auxiliary police services. NOTE: Borough commander selects qualified uniformed member of the service for assignment as borough police auxiliary coordinator but is not assigned as such until approved by the Commanding Officer, Auxiliary Police Section. Additionally, the borough commander selects an alternate to perform the above duties when the borough auxiliary police coordinator is not working. P.G. 202-08 Duty Captain Date Effective: 03-26-04 DUTY CAPTAIN 1. Perform duty, in uniform, in Department auto (marked or unmarked). a. Be equipped with a Department radio. 2. Supervise all personnel performing duty within borough command. 3. Respond to major radio runs and unusual occurrences. NOTE: If available, the commanding/executive officer, precinct of occurrence, will respond and perform prescribed functions. The duty captain will assist the commanding/executive officer, precinct of occurrence, as requested. 4. Visit precincts, police service areas, and transit districts. a. Inspect and sign Interrupted Patrol Log of commands visited. b. Visit command detention cells, holding cells, detective holding cells, emergency rooms and hospitalized prisoner rooms, and make appropriate Command Log entries to document such visits. c. Personally prepare reports on all prisoner escapes. [I.O. 32 s 04] d. Visit at least one (1) time per tour those Video Interactive Patrol Enhanced Response (VIPER) units located within the Police Service Areas under your jurisdiction. 5. Confer with the Traffic Management Center supervisor, when notified by the Operations Unit of a traffic congestion problem or condition. a. Evaluate the situation and assign patrol borough and/or other resources as necessary, to address the condition. b. Direct the Traffic Management Center supervisor to record conditions in the TMC Command Log, and on the Daily Significant Incident Report. 6. Submit report at end of each tour and include: a. Observations and disciplinary action taken b. Visits to stationhouses, police service areas and transit districts c. Unusual occurrences d. Radio backlogs and action taken e. Radio runs to which responded f. Recommendations to improve police services. 7. Make a background inquiry, if necessary, through the Internal Affairs Bureau Command Center during the initial stages of an official investigation involving a member of the service and prior to suspending, modifying or temporarily removing firearms from the member concerned in non-disciplinary cases. NOTE: This conferral is to obtain background information that may assist in the investigation. All decisions regarding the investigation, as well as any resulting determination regarding the member's duty status, remain the responsibility of the commanding officer/duty captain concerned. The duty captain in each patrol borough, and all duty inspectors MUST carry a cellular telephone at all times and a Transit Bureau radio, if available. P.G. 202-09 Commanding Officer Date Effective: 01-01-00 COMMANDING OFFICER 1. Command a precinct, police service area, transit district or similar unit. 2. Be responsible for: a. Proper performance of functions designated for command b. Efficiency and discipline of personnel assigned to command c. Informing members of command of current directives and orders d. Serviceability, proper care and use of equipment assigned to command e. Patrol, administrative and record keeping functions of the command. 3. Review CENTRAL PERSONNEL INDEX BACKGROUND REQUEST (PD449-160) for personnel assigned to critical positions within the command, upon assignment to a command. 4. Instruct and frequently test the knowledge of members of command regarding their duties and responsibilities. 5. Investigate and report on police conditions and activities. 6. Respond to major radio runs and unusual occurrences within command, when available, and perform prescribed functions. a. Request assistance of the duty captain, if necessary. 7. Make frequent personal inspections of the uniforms, equipment and general appearance of members of the service at outgoing roll calls and while on patrol. 8. Delegate administrative tasks as follows: a. Assign ranking officers within command to perform tasks normally reserved specifically for commanders, e.g., the preparation, signing and forwarding of required reports, forms and communications, etc. b. Assign competent members of command to read, analyze and report on, verbally or in writing, any voluminous communications directed to the commanding officer. c. Assign ranking officer to inspect command facility daily to ensure security, cleanliness and orderly condition. 9. Inspect command facility periodically to ensure cleanliness, orderly condition and that assigned equipment is accounted for and in good condition. NOTE: The periodic inspection of the command facility will be augmented to include a check of both female and male restrooms and locker rooms for any structural defects, that would permit visual access by persons located outside these private areas. If such a condition is identified, immediate corrective action must be taken. 10. Designate manner in which members of command proceed to assignments, e.g., Department auto, public transportation, etc. 11. Review activity of members of command each month. 12. Investigate a report of neglect of duty by subordinates. 13. Assign members proportionately to squads according to the needs of command. Members having special qualifications are to be assigned to permit greatest use of abilities. 14. Notify borough command if at least two (2) supervisors are not available to perform duty on each tour. a. Notify Transit Bureau Wheel for commands within the Transit Bureau. 15. Assign personnel to specific patrol and staff functions. 16. Assign command police officer to cover traffic posts when traffic conditions require such assignments. 17. Provide formal orientation program for newly assigned lieutenants, sergeants and police officers on two (2) consecutive day tours including interviews, introductions, and various command conditions, problems, boundaries, crime statistics, etc. 18. Maintain record of members who volunteer for specialized units and make assignments accordingly. Prior to member being permanently assigned to anti-crime duty, have CENTRAL PERSONNEL INDEX BACKGROUND REQUEST prepared and forwarded as per distribution on form. 19. Assignment of specialized unit personnel will be based on command crime analysis trends and patterns, with emphasis on violent street crime and burglaries. a. Specialized unit personnel may also be utilized as a resource to solve local priorities such as car thefts and break-ins. 20. Ensure specialized unit personnel are properly supervised, trained and equipped. 21. Closely monitor the performance of uniformed members of the service assigned to specialized units. a. Long term assignments are to be carefully reviewed, i.e., uniformed members assigned to specialized units for a period of five (5) years will be recommended for career path assignments to either the Organized Crime Control Bureau or Detective Bureau. 22. Consult with immediate supervisor of member before recommending or granting change of precinct assignment, etc. 23. Be thoroughly familiar with "Confidential Performance Profile" of subordinate members. NOTE: The "Confidential Performance Profile" is an up-to-date and confidential profile of uniformed members who are "personnel concerns" to assist in the supervision, training and development needs of such uniformed members. Included in the profile would be such matters as all past administrative transfers, transfers made by the borough commander at the request of member's previous commanding officer, sick record, disciplinary record and all other Central Personnel Index indicators as well as appropriate command data. 24. Maintain patrol by a supervising officer in a radio equipped Department automobile. 25. Use a Department auto when on patrol, when presence is required at the scene of an emergency or when traveling within the city on official business. 26. Make entry in Command Log when reporting on or off-duty. When leaving for patrol, emergencies, etc., indicate manner of patrol, Department auto number, if applicable, and whether in uniform or civilian clothes. 27. Perform duty in uniform whenever practical. 28. Maintain as much personal contact as possible with business, civic, fraternal, religious, political, recreational, charitable, youth and poverty corporation groups, local radio stations, local newspapers and other groups or media with community influence and interests to keep abreast of community tensions and trends. 29. Assign competent member to attend scheduled local meetings of the planning board, school board, poverty corporation, or any other community group, to obtain information which will be used to facilitate planning of procedures and/or programs to minimize community tensions and negative trends. 30. Direct that Community Affairs Officer, where appropriate: a. Maintain a close liaison with the management of facilities within commands where large events are held b. Familiarize themselves with security coverage normally in effect and typical arrangements made for various types of events c. Encourage management of these facilities to notify the local precinct when a large event is anticipated so that a determination can be made if police presence will be required. 31. Utilize resources of command to cope efficiently with existent problems and accomplish mission of command. 32. Act as the senior problem-solving coordinator for the command. responsible to: As such be a. Identify major crime and quality of life problems affecting the command. b. Perform an analysis of the identified crime and quality of life problems in order to separate them into their essential components. c. Design a response utilizing command, Department and community resources, and where possible the resources of other agencies. d. Implement the designed response. e. Evaluate the effectiveness of the response and modify it, if necessary. 33. Administer command discipline. 34. Direct executive officer to adjudicate command discipline, when appropriate. 35. Consult with supervisor who has initiated command discipline against member of the service concerning severity of penalty before announcing penalty. Indicate date and time of consultation on form. 36. Confer with patrol borough adjutant prior to adjudicating third command discipline for same individual within period of six (6) months to determine if charges and specifications should be prepared. 37. Cooperate with other units and agencies to accomplish mission of the command. 38. Notify Commanding Officer, Employee Management Division and request removal proceedings be commenced when member of the service fails to perform assigned duties in a satisfactory manner. 39. Observe special patrolmen on duty within command and report any misconduct to Commanding Officer, License Division. 40. Inspect uniform, shield, cap device and identification card of special patrolmen during March and September. 41. Have minimum of 10% uniformed members of the service qualified as patrolwagon operators and distributed proportionately to squads. 42. Ensure that all members of command are familiar with nature and function of command receptionist program. 43. Situate required furniture and clerical equipment for command receptionist near command entrance. a. Provide secure location for Receptionist Log and files. 44. Provide transportation, within command, IF NECESSARY, to ensure receptionist's safety to and from command. 45. Read Performance Evaluations submitted by sergeants carefully and make sergeants justify the ratings given to officers assigned to their squads. [I.O. 11 s 02] COMMANDING OFFICER 46. Visit: a. Civilian Complaint Review Board, Internal Affairs Bureau, and Quality Assurance Division, for briefing upon assignment to command and semi-annually thereafter. b. Office of Equal Employment Opportunity for briefing upon assignment to command and annually thereafter. 47. Designate a supervisor within the command to serve as the alternate in the event of long term absence of the training sergeant. 48. Designate one (1) uniformed member of the service to function solely as the precinct's Domestic Violence Prevention Officer. 49. Develop and review precinct School Security Plan, Summer Youth Security Plan and Safe Corridor Plan and Safe Passage Plan for Transit Bureau commands 50. Ensure that complaints of crimes occurring on the transit system are faxed to the Transit Bureau Crime Analysis Section and the district of occurrence, and that the proper Jurisdiction Code 01 is affixed to all reports. 51. Meet, annually, with ranking officers/supervisors within command to discuss their responsibilities under the New York City Police Department's Equal Employment Opportunity Policy. 52. Discuss the N.Y.P.D.'s sexual harassment policy with all members of the command, both uniformed and civilian, or ensure that such discussions are held by designated supervisor(s). 53. Reiterate to supervisors that they are responsible for creating a professional work environment for their subordinates. 54. Assess, regularly, the working environment within the command/unit to maintain a professional atmosphere and rectify those situations, which undermine professional conduct and achievement. 55. Advise employees that vulgar language, sexually degrading statements or jokes, as well as the display of photographs or magazines of a sexual nature are offensive, unwelcome, inappropriate in the work place, and subject to disciplinary action. 56. Encourage all members of the service to report inappropriate conduct. 57. Instruct all members of the command that retaliation against those members of the service who come forward to report misconduct (corruption, violations of E.E.O. policies, etc.) is against Department policy and will not be tolerated. 58. Have the command integrity control officer review Department records pertaining to the assignment of radios. 59. Review the assignments of radios assigned outside of command on a permanent basis and determine the necessity of its continuance. 60. Make a background inquiry, if necessary, through the Internal Affairs Bureau Command Center during the initial stages of an official investigation involving a member of the service and PRIOR to suspending, modifying or placing the member concerned on restricted duty pending an evaluation of duty status. NOTE: This conferral is to obtain background information that may assist in the investigation. All decisions regarding the investigation, as well as any resulting determination regarding the member's duty status, remain the responsibility of the commanding officer/duty captain concerned. P.G. 202-10 Executive Officer Date Effective: 01-01-00 EXECUTIVE OFFICER 1. Assume command and perform functions of the commanding officer during absence. a. Sign routine communications and reports, during absence of twenty-four (24) hours or more. 2. Respond to major radio runs and unusual occurrences within command, when available, and perform prescribed functions. a. Request assistance of the duty captain, as necessary. 3. Make entry in Command Log when reporting on or off-duty, when leaving for patrol, emergencies, etc., indicate manner of patrol, Department auto number, if applicable, and whether in uniform or civilian clothes. a. Use Department auto when on patrol, when presence is required at scene of an emergency or when travelling within city on official business. 4. Supervise performance of administrative functions in the command. 5. Study deployment of resources of command and recommend more effective deployment to commanding officer, where appropriate. 6. Coordinate all specialized units. 7. Evaluate training, planning and personnel functions and needs of the command and make recommendations to the commanding officer. 8. Inspect uniforms, equipment, and general appearance of members of the command frequently. 9. Inspect and sign ACTIVITY LOGS (PD112-145) of patrol sergeants at least once each month. 10. Supervise the investigation of communications and preparation and forwarding of written reports. 11. Perform duty under the chart, or as directed by the borough commander and perform functions of "duty captain" when directed. 12. Perform tours, on "open days," which best meet the day to day needs of the command. 13. Do not perform the same duty as commanding officer, if both working the same tour. (One will perform patrol duty and conduct field inspections, etc.). 14. Conduct investigations as directed by commanding officer or other competent authority. 15. Insure that command is clean, all equipment is accounted for and in good condition, and personnel are performing a necessary police duty. 16. Represent the commanding officer at community meetings of concern to command when designated. 17. Perform duty in uniform, when practical. 18. Inspect and sign Interrupted Patrol Log once each tour. 19. Adjudicate command discipline as directed by commanding officer. P.G. 202-11 Operations Coordinator Date Effective: 01-01-00 OPERATIONS COORDINATOR 1. Perform duty in uniform as staff officer assisting the commanding officer in administrative matters. 2. Do not perform patrol duty, or be assigned to desk duty. 3. Review and supervise the maintenance of records and files of command. [I.O. 46 s 03] 4. Ensure that all members of the service assigned to the command are working within the correct and authorized chart relative to their assignment. 5. Coordinate all overtime programs within the command. 6. Coordinate the command's safety programs, i.e., OSHA, etc. 7. Supervise the command's staff and ensure that they are in proper uniform and performing a necessary police function. 8. Supervise the principal administrative associate assigned to the command. 9. Enter in Command Log the time arriving and leaving command and the reason. 10. Perform tours as designated by the commanding officer. 11. Interview civilians and representatives of civic organizations in the absence of the commanding/executive officer. 12. Represent the commanding officer at civic and fraternal meetings within command, when designated. 13. Coordinate the human relations program of the command by maintaining close liaison with the Borough Community Affairs Coordinator and the Commanding Officer, Community Affairs Division. 14. Review all orders and prepare summaries of pertinent information for presentation to members of the command at unit training or roll call instruction. 15. Prepare written instructions for sergeants and police officers. 16. Supervise the maintenance of the command library. 17. Supplement instructions of desk officer in the absence of the commanding officer, to outgoing platoons. 18. Keep sergeants informed of conditions within the command. 19. Relay instructions of commanding officer to members of command. 20. Supervise the civilian cleaners. 21. Supervise the election details. 22. Apportion communications equally among sergeants for investigation. 23. Check POLICE OFFICER'S MONTHLY PERFORMANCE REPORT (PD439-1414). 24. Check property invoice books and property on hand. 25. Make Command Log entry of daily inspection of command for cleanliness, security, safety hazards, condition of equipment, and the display of offensive material. 26. Supervise semi-annual (during January and July) inspection of command fire extinguishers. a. Have inspecting member of the service date and initial the tag attached to the fire extinguisher. b. Make Command Log entry indicating that the inspection was performed. 27. Notify Borough or Bureau Safety Coordinator of hazards which are not readily corrected by command personnel. 28. Review COMPLAINT REPORTS (PD313-152) and consult with planning officer and Crime Analysis and Program Planning Section personnel to determine priority locations relative to crime conditions within command. 29. Recommend redeployment of personnel, if necessary, to commanding officer, executive officer, lieutenant platoon commander, or desk officer. 30. Notify members of command, through desk officer, of scheduled court and other agency appearances and other related notifications. 31. Ensure the proper maintenance of the Subpoena Receipt Book. 32. Ascertain that a current list of restaurants willing to accept monthly payments for meals provided for prisoners is maintained at the desk including time restaurant is open and cost of meals. 33. Supervise or designate a supervisor to supervise the command's evidence/property control specialist. 34. Ensure security of lead seals, Narcotic Evidence Envelopes (Misc. 1-71), Property Clerk Division Security Envelopes, Property Clerk Division Jewelry Security Envelopes and peddler seals prior to issuance. 35. Establish and maintain liaison with District Attorney's Office concerned to ascertain the necessity for all regular day off (RDO) court appearances and, where possible, reschedule such appearance for a date other than the member's RDO. 36. Monitor performance of the command's training sergeant to ensure that all members are receiving necessary training. P.G. 202-12 Special Operations Lieutenant Date Effective: 01-01-00 SPECIAL OPERATIONS LIEUTENANT 1. Perform duty in uniform whenever practical. 2. Sign in the Command Log at the beginning and at the conclusion of the tour. 3. Perform tours as approved by the commanding officer, choosing tours that will maximize supervision of subordinate personnel. 4. Make Command Log entry when leaving or returning to the command. 5. Monitor field performance of subordinate personnel and personally observe command conditions. 6. Coordinate the crime prevention and warrant enforcement programs of command. 7. Supervise and coordinate command's specialized personnel, including School Safety Sergeant, Anti-Crime Teams, SNEU, Community Policing Unit, Warrant Officers, Crime Prevention, Traffic Safety Officer, Youth Officer Auxiliary Police Coordinator, and Peddler Enforcement personnel. 8. Inspect records and logs of subordinate units and personnel. a. Inspect and sign Community Policing Unit beat books monthly. 9. Inspect and sign ACTIVITY LOGS (PD112-145) of Anti-Crime, School Safety, SNEU, CPU and, where applicable, Peddler Enforcement Sergeants each month. 10. Review and approve schedules for subordinate personnel on a weekly basis. 11. Act as the problem solving coordinator for the command, in conjunction with, and at the direction of the commanding officer. a. Be responsible for assisting the commanding officer to: (1) Identify major crime and quality of life problems affecting the command. (2) Perform an analysis of the identified crime and quality of life problems in order to separate them into their essential components. (3) Design a response utilizing command, Department and community resources, and where possible the resources of other agencies. (4) Implement the designed response. (5) Evaluate the effectiveness of the response and modify it, if necessary. 12. Attend Community Council, Community Board, and similar meetings, at the direction of the commanding officer. a. Be cognizant of community crime trends and quality of life conditions, allocating resources to address these concerns. 13. Maintain contact with community associations and civic groups to foster positive community relations and mutual involvement in addressing crime and quality of life conditions. 14. Attend public meetings where subordinate members are addressing groups to observe and supervise performance. 15. Prepare annual evaluations for subordinate supervisors under direct control. 16. Maintain contact with principals of local schools. a. Ensure that school safety sergeant, youth officer and community patrol officers are maintaining contact with these institutions. 17. Be knowledgeable in current orders and procedures. a. Instruct and test subordinate personnel in these matters. 18. Confer regularly with platoon commanders regarding conditions within command. a. Encourage exchange of information between specialized units and platoons. 19. Be responsible for the Field Training Program of probationary police officers assigned to the precinct Community Policing Unit. 20. Confer regularly with the command's detective squad commander to share information. a. Encourage exchange of information between the detective squad and specialized units. 21. Supervise and coordinate the activities of the command's Auxiliary Police Program through the Auxiliary Police Coordinator. 22. Ensure that the Auxiliary Police Coordinator actively recruits new members, conducts required training courses, and properly equips Auxiliary Police personnel. 23. Integrate the auxiliary police functions into the command's problem solving objectives, e.g., crime prevention, community affairs, community policing, youth planning, etc. 24. Keep commanding officer apprised of all Auxiliary Police activities. P.G. 202-13 Lieutenant - Platoon Commander Date Effective: 05-30-02 LIEUTENANT - PLATOON COMMANDER 1. Be responsible for all command operations during the tour performed. a. Perform duties of desk officer as outlined in P.G. 202-14, "Desk Officer," if assigned to a Patrol Services Bureau precinct. NOTE: At the discretion of the precinct commanding officer, lieutenant platoon commanders may perform field duties as specified in step 25 below, provided that two (2) or more sergeants are assigned to duty with that platoon, one of whom has been designated as patrol supervisor. b. The lieutenant platoon commander will not ordinarily perform the duties of the patrol supervisor, and will remain responsible for ALL duties listed in this procedure. c. Identify conditions to be addressed by members working the platoon on a continuing basis. d. Allocate, based upon conferral with special operations lieutenant, all resources available for the platoon including, community policing, anti-crime, street narcotics enforcement unit(s) and peddler enforcement personnel. NOTE: When a lieutenant platoon commander is performing the duties of the desk officer in a Patrol Services Bureau precinct, he/she will remain at the desk area of the command facility. However, in the event of an emergency situation occurring in the field, the lieutenant platoon commander may respond to the scene, e.g., mobilizations, homicides, firearms discharges by uniformed members of the service. A Command Log entry will be made indicating the time of departure, the location, and the details of the event requiring the lieutenant platoon commander's presence. Lieutenant platoon commanders will remain on the scene only as long as their presence is required, upon which time they will return to the command and resume the duties of the desk officer. In the lieutenant platoon commander's absence, a supervisory officer will assume the responsibilities of the desk officer. 2. Sign Command Log at beginning and end of tour. 3. Perform duty in uniform. 4. Review actions of patrol supervisors to ensure compliance with Department policies and procedures. 5. Participate as a member of the precinct management team. 6. Advise and confer with commanding/executive officers, operations coordinator, special operations lieutenant, integrity control officer, squad commander and RAM commander, if appropriate, on matters of importance, unusual arrests or occurrences, personnel and integrity concerns, and other conditions requiring their attention. 7. Confer with integrity control officer regarding personnel, civilian complaints, sick records, overtime concerns and integrity issues. 8. Confer frequently with the special operations lieutenant regarding command crimes and conditions. 9. Confer with lieutenant platoon commander or patrol supervisor from previous tour, at start of tour. 10. Confer with lieutenant platoon commanders of adjacent precincts, police service areas and transit districts to coordinate crime strategies. 11. Ensure radio transmissions affecting the command are monitored at all times. 12. Cause necessary changes or adjustments in roll call at beginning of tour. a. Schedule meals for supervisors assigned to platoon so that a supervisor is on duty at all times. b. Grant tour changes and excusals for members of platoon when appropriate. 13. Supervise roll call. a. Personally inspect the outgoing platoon to ensure the personal appearance of members meets Department standards. b. Instruct and question members relative to command conditions. c. Ensure members are familiar with integrity concerns. 14. Ensure all personnel of the platoon are properly supervised and performing duty in a satisfactory manner. a. Evaluate effectiveness of assignments. b. Review POLICE OFFICER'S MONTHLY PERFORMANCE REPORTS (PD439-1414) and confer with squad sergeants as necessary. c. Conduct interviews personally with personnel assigned to the platoon performing in an unsatisfactory manner. d. Conduct all return from sick interviews for members of the platoon. e. Review disciplinary records (CCRB, CPI) of all members assigned to platoon. f. Assume responsibility for Early Intervention Monitoring for members of platoon. 15. Prepare annual evaluations of subordinate platoon supervisors. 16. Inspect the command facility each tour and record results in the Command Log. 17. Be responsible for proper entries of complaint information in the On Line Complaint System for the tour. 18. Evaluate training needs and confer with training sergeant as required. a. Recommend members of the platoon receive specific training required for complete tour operations, i.e., fingerprint training, scooter qualification, etc. 19. Designate a supervisor to conduct "platoon briefing." NOTE: The "platoon briefing" should include information compiled by the training sergeant, i.e., Police Commissioner's messages, bulletins, and addresses by commanding officers, executive officers, integrity control officers, etc. The "platoon briefing" will include incident critiques by lieutenant platoon commanders and patrol supervisors, and regular updates regarding crime patterns, crime trends, wanted persons and discussions of precinct conditions and tactics for addressing these conditions. 20. Investigate communications and perform assigned self-inspections, as directed by commanding officer. a. Ensure sergeants properly and accurately complete self-inspections, communications, and reports. 21. Inspect ACTIVITY LOG (PD112-145) of patrol supervisors daily. 22. Maintain ACTIVITY LOG. 23. FIRST PLATOON - Review reports and forms prepared for the previous twenty-four (24) hours. 24. SECOND PLATOON - Be responsible for maintenance and weekly inspection of Department vehicles. 25. Perform the following duties when assigned as a lieutenant platoon commander in a command other than a Patrol Services Bureau precinct: a. Perform duty in civilian clothes when directing plainclothes units or making discreet observations with the integrity control officer, when directed by commanding officer or other competent authority. b. Divide one's time and movement during tour between the field and command facility, as needs dictate. c. Sign Command Log and notify Communications Section when leaving to and returning from patrol. d. Ensure radio transmissions affecting the command are monitored at all times. e. Respond to radio runs unannounced to observe performance of sergeants and police officers. f. Evaluate driving habits and abilities of members of the platoon and take corrective action as necessary. g. Respond to and direct police activities at serious crimes and emergencies. h. Ensure all arrests are processed expeditiously and under proper supervision. i. Perform tour as designated by commanding officer. P.G. 202-14 Desk Officer Date Effective: 11-08-02 DESK OFFICER 1. Sign name and time in Command Log when assuming duties of desk officer and at end of tour. 2. Perform duty in uniform. 3. Be responsible for all police operations within command during tour. 4. Visit all areas of the command facility at least once each tour. a. Personally check both female and male restrooms and locker rooms for any structural defects that would permit visual access by persons located outside these private areas, and take immediate corrective action to rectify any such condition, when circumstances dictate. b. Inspect command for display of any offensive material. 5. Sign out in Command Log when leaving desk area for any reason, e.g., personal necessity, meal, inspection of command facility, and sign in upon return. NOTE: When there is more than one patrol supervisor working on patrol, one will relieve the desk officer for meal. Meal relief is not considered an emergency. Police officers will not be assigned to desk duty. 6. Supervise arrest processing. a. Periodically inspect the arrest processing area and ascertain number of prisoners on hand and length of time in command. b. Reassign personnel as necessary. 7. Question arresting officers regarding circumstances of arrest (i.e., details of occurrence, use of force, evidence recovered, determination of charge, etc.) 8. Inspect the property locker and all areas within command where invoiced property is being held at the commencement of each tour. a. Utilize the PROPERTY INDEX (PD542-103) to determine what property has been invoiced and compare the property against the corresponding PROPERTY CLERK'S INVOICES (PD521-141). b. Inspect seals on all plastic and jewelry security envelopes present for tampering and conduct immediate investigation if seal is violated. c. Inspect seals on all peddler property bags and compare their serial numbers with those serial numbers entered into the Command Log by the ranking officer who supervised the respective seizures. d. Enter results of inspection of invoiced property and seals in Command Log and safeguard key and invoiced property during tour. 9. Certify to accuracy and completeness of entries in Command Log concerning vouchered property. 10. Make required roll call adjustments prior to posting platoon; after platoon is posted, record post changes, as they occur, in Command Log and on front of ROLL CALL (PD406-144). a. Finalize roll call as per ARCS procedures. 11. Conduct roll call and, in the absence of a lieutenant platoon commander, inspect uniforms and equipment of members of outgoing platoon, question member's knowledge of command conditions, and ensure familiarity with integrity concerns. 12. Notify patrol supervisor of reassignment of members returning from court or other details. 13. Maintain Command Log. 14. Interview visitors entering command. 15. Monitor FINEST for messages affecting command or members of command. 16. Supervise performance of: a. Command clerk b. Telephone switchboard operator c. Attendant d. Patrolwagon operator 17. DO NOT assign attendant any duty requiring them to leave cell block while prisoners are lodged therein. 18. Supervise entries made on PRISONER ROSTER (PD244-145). 19. Examine and sign forms and reports as required. 20. Process summonses issued during previous twenty-four hour period when performing duty with first platoon. 21. Supervise issuance of summons books. 22. Process application for bail and personal recognizance. 23. Verify return roll call. a. Supervise platoon sign-out at end of tour. 24. Enter in Interrupted Patrol Log identity of all members of platoon entering command for any reason. 25. Certify entries in TELEPHONE DISPATCH LOG (PD112-143) by signing the LOG after 4th hour and at end of tour. 26. Record hourly rings for all uniformed members performing duty between 0200 and 0700 hours. 27. Maintain Telephone Record. 28. Operate and monitor base radio. 29. Arrange meals and reliefs for personnel assigned to duty in command facility. 30. Ascertain that supervisor conducts investigation when a member of the service is injured and/or Department property is damaged and submit required reports in connection therewith. 31. Make required notifications to members of the service assigned to or residing within command. 32. Supervise distribution of paychecks and make appropriate Command Log entries. 33. Notify commanding officer of important matters, i.e., unusual arrest or occurrences and important messages or conditions requiring personal attention. 34. Promptly notify borough intelligence team of major incidents i.e., homicides; assaults involving shootings, stabbings or slashings; home invasions; crime resulting in serious injury to members of the service, significant seizure of contraband, drugs, money, or fireworks; burglary, robbery, firearms, shooting, or pattern crime arrests; gang incidents; hidden compartments (traps) in specific vehicles and any other special circumstances deemed appropriate by the commanding officer, borough intelligence team and/or precinct/PSA/transit district commanding officer. a. Contact First Platoon Response Team between 0100 and 0800 hours. 35. Confer with commanding officer, executive officer, and operations coordinator concerning any trends observed or other matters of importance. 36. Safeguard and distribute portable radios giving priority to nature of member's assignment. 37. Check on repair, availability and distribution of field equipment, i.e., portable radios and emergency equipment and make entries in pertinent records. 38. Examine reports and forms prepared during previous twenty-four (24) hours and process as required when performing duty with the First Platoon. 39. Forward reports or forms to Departmental units or other commands. 40. Ensure that the United States flag is displayed properly between sunrise and sunset on each day. 41. DO NOT permit unauthorized person behind desk except the following persons when performing their official duties: a. Members of the service b. Judicial Officers c. M.E or assistant d. Corporation Counsel or assistant e. Comptroller or assistant f. District Attorney or assistant 42. Accept service of civil process for member of command and notify member concerned, when principal administrative associate not performing duty. 43. Assign qualified member to operate patrolwagon when civilian operator is not available. If neither is available in command, request patrol borough command to assign operator. 44. DO NOT assign patrolwagon operator any duty outside stationhouse without prior approval of borough court section concerned. (Assignments from borough court section concerned have priority over precinct assignments). 45. Verify arrival and departure of command receptionist by signing Personnel Schedule and Time Sheet. 46. Forward command receptionist program reports as required. 47. Supervise subordinate members of command. 48. Lieutenant platoon commanders serving as desk officers will evaluate effectiveness of command patrol assignments. 49. DO NOT deploy SNEU/Anti-Crime/Peddler Enforcement personnel unless a SNEU/AntiCrime/Peddler Enforcement supervisor is assigned directly and totally to their supervision. 50. Ensure that meals assigned to supervising officers performing duty are scheduled so that a supervisor is on patrol at all times. 51. Notify telephone switchboard operator of all post changes. 52. Report defective gas pumping equipment to Fleet Services Division, Fuel Control. 53. Promptly post any messages which modify the "Uniform of the Day." 54. Prepare DAILY VEHICLE ASSIGNMENT SHEET (PD120-141) on each tour. Maintain SHEETS for the current month on a clipboard behind the desk. a. Verify DAILY VEHICLE ASSIGNMENT SHEET when performing duty with the first platoon. b. Have completed SHEETS filed after each month. 55. Prepare PRECINCT CONSOLIDATED TOUR REPORT (PD120-140) on every tour and attach to the desk copy of the ROLL CALL. 56. Inspect all areas containing Department computer systems at least once each tour and ensure that all systems are being used within Department guidelines and are not damaged in any way. P.G. 202-15 Command Integrity Control Officer Date Effective: 04-25-03 COMMAND INTEGRITY CONTROL OFFICER 1. Perform NO DUTIES other than integrity control. 2. Perform duty regularly in one command. 3. Develop and maintain: a. An Integrity Control Program suitable and responsive to command conditions and b. A comprehensive overtime control plan which includes an audit and review process. 4. Make recommendations to commanding officer concerning integrity control. 5. Observe command conditions and visit corruption prone locations frequently, at irregular hours. Keep commanding officer advised of conditions and possible corruption hazards. 6. Visit command holding cells, detective holding cells, emergency rooms and hospitalized prisoner rooms. 7. Assist commanding officer in developing sources of information regarding integrity and corruption by maintaining rapport with members of the service (uniformed and civilian) and private citizens. 8. Instruct uniformed members of the service, during roll call training, on the proper methods of identifying, reporting and combating corruption. 9. Provide advice to commanding officers/unit commanders concerning appropriate penalties for violations of Department regulations. 10. Conduct investigations and submit reports in response to official communications received from the Internal Affairs Bureau and patrol borough investigations units when so assigned by commanding officer. 11. Compile, maintain and update "Confidential Performance Profile" of subordinate members. Verify the "Profile" annually with the Central Personnel Index of the Personnel Bureau, and forward all necessary "Profile" information to member's commanding officer when member is transferred. 12. Confer with all sergeants upon their assignment to the command and annually thereafter, apprising them of those members of the command who have significant negative information in their "Confidential Performance Profile." 13. Conduct CPI check when new members are assigned to command. 14. Inspect time cards, overtime records, property records, minor violations log, vending machine ledgers, etc. 15. Maintain records concerning the Integrity Control Program including a "Integrity Monitoring File" (see A.G. 322-33). 16. Review records relating to court appearances resulting in overtime. 17. Inspect and sign ACTIVITY LOG (PD112-145) of sergeants. 18. Inform local businessmen of Departmental policy and provisions of the Penal Law, concerning corruption and gratuities. 19. Develop liaison with Internal Affairs Bureau and patrol borough investigations units to exchange information for self initiated anticorruption programs. 20. Notify patrol borough investigations unit concerned regarding self initiated cases. 21. Verify Identification Section's printout of Criminal History Record Inquiries (name checks). 22. Delegate the annual issuance of Private Vehicle Plate Permits (Misc. 23N) to a responsible supervisor. a. Have designated supervisor maintain a record of the issuance and return of parking permits in Department record book captioned as follows: PERMIT NO. DATE ISSUED NAME OF MEMBER VEHICLE MAKE PLATE# DATE RETURNED REMARKS 23. Check equipment and supplies regarding misuse or misappropriation. [I.O. 35 s 04] 24. Ascertain that computer integrity is maintained including all official Department digital/analog recorded media (e.g. video tapes, digital computer files or digital/analog recording). 25. Conduct investigations when member of the service in the military fails to provide appropriate military contract and drill schedule to precinct timekeepers. 26. Physically inspect all Department radios assigned to command monthly to ensure accountability. 27. Identify all radios assigned outside of command on a permanent basis and confer with the commanding officer regarding the necessity for its continuance. 28. Debrief prisoners concerning corruption/serious misconduct, when possible. 29. Ensure accuracy of the license plates recorded on CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) by performing random checks of summonses in accordance with established command self-inspection procedures. 30. Become well versed in the use of the computerized Accident System Index and its "AAMZ/AQIA screens". 31. Utilize the aforementioned "screens" to regularly scan Police Accident Reports (MV104AN) for the following corruption indicators: a. An inordinate amount of Police Accident Reports (PAR's) submitted by the same UMOS. b. Discrepancies between the dates and times of submitted PAR's and those of UMOS scheduled tours. c. Any PAR submitted by a command clerk and d. Any PAR submitted by a UMOS assigned to an outside command, i.e. task force, bordering precinct, etc. 32. Conduct investigation when warranted and contact Fraudulent Accident Investigation Squad for assistance, if necessary, at [(718) 822-5280 (Bronx/Manhattan)] and [(718) 875-6287 (Brooklyn/Queens/Staten Island)]. NOTE: Borough Investigations Units and the Borough Training Coordinator will conduct random inspections of unit training to ensure all members are receiving required training. P.G. 202-16 Principal Administrative Associate Date Effective: 01-01-00 PRINCIPAL ADMINISTRATIVE ASSOCIATE 1. Acts as principal assistant in precinct/police service area/transit district to operations coordinator. 2. Responsible for direct line supervision and training of both uniformed and civilian members of the service assigned to clerical, administrative, and custodial staff, including roll call, payroll/time records, clerical, crime analysis and communications. 3. Assists in providing staff supervision of SP9, telephone switchboard, command clerk positions and all non-clerical civilian personnel. a. Inform and train personnel regarding changes in position functions. b. Consult with desk officer and training officer regarding training needs. c. Request civilian personnel be included in precinct/police service area/transit district level training, when appropriate. 4. Monitors attendance and punctuality of members of the service under his/her supervision. 5. Responsible for scheduling adequate coverage of positions under his/her supervision. 6. Develops and/or assists in developing procedures and methods, records and operational controls. 7. Communicates new and/or modified policy methods and procedures to staff and evaluates results. 8. Prepares routine, complex, and confidential communications, including selfinspection reports. 9. Prepares performance evaluations for designated staff members using "Tasks and Standards Guide." 10. Attends supervisory staff meetings and conducts meetings with subordinate staff. 11. Have a Command Log entry made of the time arriving and leaving the precinct stationhouse, police service area, or transit district, and the reason. 12. Performs other assignments as directed by commanding officer and/or operations coordinator. 13. Prepare self-inspection of command's military leave records, as required. 14. Notify the operations coordinator and integrity control officer if member's current military contract and current drill schedule are not provided by the member concerned. NOTE: In commands where there is no principal administrative associate assigned, the commanding officer concerned will designate a member of the service to perform the above functions. P.G. 202-17 Patrol Supervisor Date Effective: 01-01-00 PATROL SUPERVISOR 1. Supervise all police field operations within command during tour of duty. 2. Immediately respond to and direct activities at radio runs involving any weapons (firearms, knives, etc.), serious crimes, burglaries and emergencies. a. Make appropriate ACTIVITY LOG (PD112-145) entries. (1) Communications Section will immediately dispatch a patrol supervisor from an adjoining command if patrol supervisor, command of occurrence, is not available. 3. Conduct roll call, if directed by lieutenant platoon commander or desk officer. 4. Confer with commanding officer, executive officer, operations coordinator, lieutenant platoon commander and desk officer concerning trends observed or other matters of mutual interest and importance. 5. Conduct investigation and submit reports on injuries to members of the service (uniformed and civilian) or damage to Department property. 6. Visit various locations within command at different times during the first platoon to ascertain that uniformed members of the service are performing duty at all times. 7. Conduct investigations and submit reports as required. 8. Maintain ACTIVITY LOG and make entries listing times, names and assignment of police officers visited. 9. Be cognizant of crimes and other conditions within command and instruct police officers concerning activities that affect their sector/posts. 10. Patrol command in uniform equipped with portable radio, as directed. 11. Supervise inspection of Department vehicles assigned to members of platoon. 12. Visit police officers assigned to foot and radio motor patrol frequently and at irregular intervals during tour and indicate visit by signing ACTIVITY LOG of each member. 13. Visit uniformed members of the service assigned to hospital and special posts at least once each tour. 14. Ensure that radio messages directed to member assigned to sector/post are acknowledged. 15. Direct RMP units to resume patrol when services are no longer required. 16. Report derelictions of duty to commanding officer. 17. Keep lieutenant platoon commander or desk officer notified of current matters of importance. 18. Notify switchboard operator of location where meal will be taken and relieve lieutenant platoon commander or desk officer for meal, when designated. 19. Direct uniformed members assigned to scooter duty to report to lieutenant platoon commander or desk officer for reassignment when weather/road conditions make scooter operation dangerous. 20. Review POLICE OFFICER'S MONTHLY PERFORMANCE REPORTS (PD439-1414) of police officers, make required entries and deliver to commanding officer within seven (7) days following month for which submitted. 21. Sign return ROLL CALL(PD406-144) after completion of tour. 22. Supervise member's performance of duty, test knowledge of command conditions and closely evaluate member's activity. 23. Submit to commanding officer, in writing, recommendations for special assignment, detective designation, or change in assignment for members under supervision. 24. Evaluate driving habits and abilities of members of the platoon and take corrective action as necessary. P.G. 202-18 Supervisor Of Anti-Crime Patrol Date Effective: 01-01-00 SUPERVISOR, ANTI-CRIME PATROL 1. Confer with commanding officer, special operations lieutenant, crime analysis officer and uniformed supervisors on patrol to identify locations of high crime within the command. 2. Examine COMPLAINT REPORTS (PD313-152) and ON LINE BOOKING SYSTEM ARREST WORKSHEETS (PD244-159) to establish times and locations of violent street crimes and burglaries. 3. Inspect members daily for proper equipment and ensure that each member is equipped with a nylon windbreaker jacket conforming to the specifications of P.G. 204-04, "Optional Uniform Items," and pepper spray. a. Uniformed members of the service assigned to the Transit Bureau performing subway anti-crime duty will wear, in lieu of the nylon windbreaker jacket, a blue mesh vest with the words "POLICE" on the front and rear. 4. Inspect Department autos daily for necessary equipment, including portable red light. 5. Ensure that members are properly trained regarding duties as described in current Department directives. 6. Supervise member's performance, be cognizant of location of anti-crime members, and be able to contact personnel at all times. 7. Apprise patrol sergeants of anti-crime activity locations for information of uniformed members on patrol. 8. Ensure that anti-crime personnel do not conduct decoy operations without prior approval of the bureau chief concerned. 9. Notify platoon commander and special operations lieutenant of all incidents of importance that occur during tour. P.G. 202-19 Training Sergeant Date Effective: 01-01-00 TRAINING SERGEANT 1. Perform duty, in uniform, as the command's primary training instructor and coordinator of field training. 2. Perform tours of duty at the direction of the commanding officer, as necessary. 3. MUST dedicate a minimum of four (4) hours and thirty (30) minutes of each tour to patrol related functions, e.g., meal relief for desk officer and/or patrol supervisor, investigating communications, etc. 4. Conduct training sessions for the three (3) platoons as follows: a. 1st and 2nd Platoons - 0720 to 0745 hours b. 3rd Platoon - 1515 to 1535 hours. 5. Schedule and conduct training sessions for all uniformed and, when appropriate, civilian members of the command not assigned to a steady platoon (i.e., Community Policing Unit, Anti-Crime, Street Narcotics Enforcement Unit and civilians). a. Training sessions will be conducted twice weekly for forty-five (45) to sixty (60) minutes duration. 6. Maintain and sign the Training Attendance Log daily. 7. Have tours adjusted, where applicable, by the commanding officer to ensure that all police officers working tours outside the training sergeant's normal tour will receive training. 8. Attend Police Academy training seminars and conduct training in topics selected by the Department's Training Advisory Committee. a. Research and prepare lesson outlines in accordance with schedules promulgated by the Borough Training Coordinator. 9. Confer frequently with commanding officer to identify training needs. 10. Implement training directives of commanding officer. 11. Keep abreast of occurrences within the command and conditions to aid commanding officer in identifying problems which may be solved by command level instruction. 12. Maintain attendance records at training sessions and other Department training programs. a. Coordinate the attendance by members of the command at all Department training programs. 13. Monitor and review attendance records to ensure that all members of the command, both uniformed and civilian, when appropriate, are trained within each training cycle and that training is conducted each day as required. NOTE: Appropriate investigation unit and the Borough Training Coordinator will conduct random inspections of unit training to ensure all members are receiving required training. 14. Ensure that lesson plans and training materials are available and accessible to the alternate trainer when not scheduled or unavailable to conduct training. 15. Prepare roll call training messages. 16. Prepare and maintain bulletin board training within the command. a. Supervise maintenance of other command bulletin boards/pin maps. 17. Measure effectiveness of training efforts on members of command. 18. Attend community meetings when designated to do so by commanding officer. 19. Give advance notice of future training topics to increase interest. 20. Maintain command library. 21. Keep abreast of current orders (i.e., Interim/Operations Orders, FINEST messages, etc.). a. Include pertinent material during training sessions. 22. Distribute Patrol Guide Revision Notices and other Department directives as required. 23. Confer with principal administrative associate or designee to determine civilian training needs. NOTE: The Police Academy will develop and supply training sergeants with training curriculums and materials in coordination with the Office of the Chief of Department. P.G. 202-20 Precinct School Safety Sergeant Date Effective: 01-01-00 PRECINCT SCHOOL SAFETY SERGEANT 1. Assist precinct commanding officer in developing and implementing the precinct school safety plan. 2. Coordinate precinct resources to address developing school-related conditions. 3. Perform an operational tour of duty, ensuring that hours are consistent with school hours of operation, particularly dismissal times. 4. Maintain ongoing liaison with principals and school staff. 5. Coordinate the evaluation and supervision of school safety agents. 6. Assist with training of school safety personnel. 7. Coordinate activities with precinct youth officer. 8. Evaluate and coordinate "Safe Passage" and "Safe Corridor" Programs. 9. Act as conduit to Department for school safety agents' requests for resources. 10. Visit schools and track statistics on violence in schools by conferring with school principals and school safety agents. 11. Establish liaison and coordinate precinct efforts with the borough truancy task force. 12. Liaison with the precinct domestic violence prevention officer on cases involving child abuse. 13. Respond to incidents where a school safety agent is a victim of an offense while performing duty. 14. Keep special operations lieutenant apprised of activities in and around school facilities. P.G. 202-21 Police Officer Date Effective: 01-01-00 POLICE OFFICER 1. Perform duty in uniform as indicated on roll call or as directed by competent authority. 2. Proceed to post, sector or assignment as directed by supervisor. 3. Comply with meal and post relieving points as directed by commanding officer. 4. Report to desk officer when entering or leaving stationhouse/police service area/transit district during tour of duty indicating reason for presence therein. 5. Be aware of, and inspect, post or sector for conditions requiring police attention. 6. Report immediately to the patrol supervisor and the platoon commander any unusual crime, occurrence or condition. 7. Report conditions not requiring immediate attention to the command clerk. 8. Render all necessary police service in assigned area and as otherwise directed. 9. Familiarize self with the everyday routine of people residing, doing business or frequenting post or sector. 10. Investigate suspicious conditions and circumstances on the post. 11. Give attention to crime hazards. 12. Signal the command each hour, if not equipped with radio. a. All uniformed members will ring between 0200 and 0700 hours direct to the desk officer. b. When assigned to school or church crossing, signal before and after crossing. c. Do not signal when assigned to a traffic post. d. Uniformed members assigned to the Transit Bureau will signal the command when arriving and leaving assigned post, going on and coming off meal, and as indicated on the roll call. 13. When dispatched to an assignment by the telephone switchboard operator, keep the telephone switchboard operator informed of police services rendered. 14. Report police services rendered in another command to desk officer of that command. 15. Submit POLICE OFFICER'S MONTHLY PERFORMANCE REPORT (PD439-1414) to the designated sergeant by third day of month for previous month. a. Submit REPORT prior to leave, or if not possible, without delay upon return to duty if scheduled for vacation or other leave. 16. Call the desk officer when detained at court or elsewhere and unable to return to command to sign the Return Roll Call at end of tour. 17. Maintain ACTIVITY LOG (PD112-145). 18. Preserve completed ACTIVITY LOGS and produce them as required by competent authority. 19. Monitor portable radio. 20. Do not leave post/sector until meal actually commences and be back on post when meal is over. (Travel time is not authorized). P.G. 202-22 Radio Motor Patrol Operator Date Effective: 01-01-00 RADIO MOTOR PATROL OPERATOR [I.O. 37 s 04] 1. Wear Seat Belts a. Wear three-point seatbelts, when provided. b. Wear two-point safety belts (lap belts) if three-point safety belts are not provided. NOTE: There is an increased risk of significant injury to members of the service who do not wear safety belts. There is no question that wearing a safety belt when involved in a motor vehicle accident reduces the extent and severity of injuries and saves lives. Therefore, the wearing of safety belts is required for all individuals operating or riding in a Department vehicle (marked or unmarked) or a private vehicle authorized for Department use. Safety belts may be removed ONLY when a member of the service is involved in what appears to be a dangerous tactical situation and the wearing of the safety belt may impair the member's ability to take police action. 2. Exchange assignments every four (4) hours with the recorder of the radio motor patrol car. 3. Operate car for the entire tour when assigned as driver of ranking officer. a. Monitor radio messages directed to assigned area when supervisor is out of car. 4. Permit only uniformed members of the service performing related police duty to enter or ride in a radio motor patrol car on patrol. 5. Respond to messages of serious police emergency within five (5) blocks of location even if messages are directed to another car, regardless of sector, precinct and borough boundaries. 6. Do not carry electric blasting caps in vehicles or transmit within 150 feet of any electric blasting operation. 7. Monitor radio when recorder is assigned to a school or church crossing. a. Pick up recorder and respond to assignment when directed by radio dispatcher. 8. Leave radio on and have the car ready for instant use when car is being cleaned or supplied with fuel. a. Do not put car out of service if fuel is to be obtained in assigned command. 9. Avoid remaining in areas where radio reception is poor. 10. Proceed to an emergency scene with due caution. (Do not use the siren unnecessarily; approach the scene of a reported crime quietly). 11. Take RMP car out of assigned sector when: a. Directed by competent authority, or b. Answering an emergency call, or c. Servicing, repairing or cleaning required, with permission of desk officer. 12. Constantly patrol assigned sector. 13. Do not unnecessarily leave the car unattended. a. REMOVE keys and LOCK car when answering call. b. DO NOT LEAVE PORTABLE RADIO IN CAR. 14. Position car at scene of an emergency to avoid obstructing, or being blocked by, emergency apparatus. 15. Sign return roll call at end of tour. 16. Perform the duties of recorder when none is assigned. 17. Inspect the car when reporting for duty (see P.G. 219-01, "Inspection Of Department Vehicles Each Tour By Operator"). 18. Make ACTIVITY LOG (PD112-145) entry of findings, odometer reading and amount of gasoline in the tank as registered by the indicator. 19. Notify the desk officer when a car requires speedometer repairs or other repairs or replacement of parts or accessories, including tires and tubes. 20. Operate car in manner to avoid injury to person or damage to property. 21. Drive at slow rate of speed except under exceptional circumstances or extreme emergency. 22. Operate RMP car only when assigned and only when Department qualified to operate such vehicle. 23. Take care of car and accessories, equipment and tools assigned. 24. Cooperate with other operators of same car to which assigned in care and maintenance, particularly cleaning, washing and keeping the car in proper operating condition. 25. Make minor repairs to car when possible. 26. Enter appointment for preventive maintenance on sticker affixed to vehicle. 27. Deliver car for regular preventive maintenance inspection as scheduled on sticker affixed to vehicle. 28. Do not tow or push another vehicle with RMP car. NOTE: Highway District vehicles equipped with "protective bumper guards" may push disabled vehicles obstructing active traffic lanes to the nearest location where it may be parked safely. In NO event will disabled vehicles be pushed to repair shops or onto private property (see P.G. 214-31, "Removal Of Vehicles From Parkways, Highways And Expressways"). P.G. 202-23 Radio Motor Patrol Recorder Date Effective: 01-01-00 RADIO MOTOR PATROL RECORDER 1. Ride in the front seat of radio motor patrol car, except when transporting prisoner, emotionally disturbed person, etc., in a radio motor patrol car not equipped with a fiberglass partition. a. Wear three-point seatbelts, when provided. b. Wear two-point safety belts (lap belts) if three-point safety belts are not provided. [I.O 37 s 04] NOTE: There is an increased risk of significant injury to members of the service who do not wear safety belts. There is no question that wearing a safety belt when involved in a motor vehicle accident reduces the extent and severity of injuries and saves lives. Therefore, the wearing of safety belts is required for all individuals operating or riding in a Department vehicle (marked or unmarked) or a private vehicle authorized for Department use. Safety belts may be removed ONLY when a member of the service is involved in what appears to be a dangerous tactical situation and the wearing of the safety belt may impair the member's ability to take police action. 2. Notify radio dispatcher of the presence of a prisoner, emotionally disturbed person, etc., the time entering the RMP, their gender and the beginning mileage. a. Notify the radio dispatcher of the time persons exited RMP and ending mileage, upon arrival at destination. 3. Operate the radio. 4. Record in ACTIVITY LOG (PD112-145), radio messages directed to car, including time, location of call, and type of case. a. Enter disposition of each call and time of completion. 5. Make hourly ring direct to desk officer between 0200 and 0700 hours. 6. Transmit disposition or interim disposition to radio dispatcher immediately upon completion of assignment and before leaving the scene of assignment. a. Transmit interim disposition to radio dispatcher if required to proceed to another location in connection with current assignment. b. Notify desk officer of disposition of assignments originating from command or other important assignments of an unusual nature. 7. Notify the radio dispatcher if undue delay is encountered in response to a radio message. 8. Obtain a portable radio, if available, from the desk officer. 9. Cover school crossing or other fixed post, as required. 10. Prepare all necessary reports and records connected with police action taken jointly with operator, while assigned as recorder. 11. Signal command and comply with instructions of desk officer, if radio station becomes inoperative. 12. Obtain permission from radio dispatcher to place R.M.P. auto out of service for minor repairs. 13. Notify radio dispatcher of all assignments including pickup assignments, not emanating from Communications Section. a. Give location and nature of assignment. 14. Carry duplicate set of keys for vehicle to which assigned during the entire tour of duty. P.G. 202-24 Motor Scooter Operator Date Effective: 01-01-00 MOTOR SCOOTER OPERATOR 1. Operate scooter at a slow, safe rate of speed. a. Three-wheel scooters may be operated on all tours at speeds not exceeding twenty (20) M.P.H. 2. Operate scooter with headlight on at all times. 3. Report to command by telephone each hour or during emergencies as directed by commanding officer. 4. Do not use scooter to pursue motor vehicles nor be assigned to expressways or parkways. 5. Check road conditions of entire post and make ACTIVITY LOG (PD112-145) entry immediately after arrival on post. 6. Request reassignment when original assignment is hazardous due to spillout from trucks, construction or other poor road surface conditions. 7. Do not perform scooter duty when: a. Rain, snow, sleet, heavy fog, or any precipitation causes ground to become slippery. (1) Three-wheel scooters may be used in moderate rain and fog. b. Patches of snow or ice remain from previous storm. c. High winds interfere with control of scooter. d. Temperature falls below 32 degrees Fahrenheit, 0 degrees Celsius (except threewheel scooter). 8. Receive refresher training in motor scooter operation when member: a. Has been involved in scooter accident. b. Has not operated a Department scooter within six (6) months period and is being considered for assignment to operate scooters. c. Has performed scooter duty for one (1) year period without attending refresher course. 9. Inspect scooter to ensure it is in serviceable condition and enter in ACTIVITY LOG findings, odometer reading and amount of gasoline in tank. 10. Operate scooter only when assigned, properly licensed and designated as qualified Department Scooter Operator. 11. Monitor portable radio. 12. Wear dual-purpose disorder control/scooter helmet with face shield in place. a. Face shield is not required to be in place when operating three-wheel scooter. 13. Wear reflective belt or reflective traffic safety vest during hours of darkness. 14. Obey traffic control devices. a. Siren and roof lights installed on three-wheel scooters will be operated when necessary. 15. Use extreme caution when approaching intersection or making turns. 16. Do not respond to radio runs unless specifically directed by radio dispatcher. P.G. 202-25 Anti-Crime Police Officer Date Effective: 01-01-00 ANTI-CRIME POLICE OFFICER 1. Perform duty in civilian clothes. a. Be equipped with pepper spray while on duty. 2. Maintain daily record of activity in ACTIVITY LOG (PD112-145). 3. Study and analyze command crime statistics and reports. 4. Patrol within confines of command giving special attention to locations prone to violent street/subway crimes and burglaries. 5. Inform radio dispatcher when responding to, or present at the scene of a police incident and include description of clothing worn, vehicle used, etc. 6. Wear appropriate identification when present at scene of a police incident (nylon windbreaker jacket, shield, headband, color of day, etc.). a. Properly identify self prior to taking any police action, if possible. 7. Conduct short-term investigations, not to exceed two (2) hours, within command boundaries, directly related to street/subway crimes or burglaries except when commanding officer/executive officer extends such time. 8. Do not conduct lineup or show photographs without permission of detective squad supervisor or qualified supervisor of investigating unit (e.g., RAM, etc.). 9. Stop a vehicle under the following circumstances: a. Reasonable suspicion that the occupant(s) of the vehicle have committed, are committing, or about to commit a crime; OR b. Probable cause that the occupant(s) of the vehicle have committed a crime; OR c. Upon observing the vehicle, reasonable suspicion exists that a violation of the traffic laws has been committed; OR d. Upon observing the vehicle, probable cause exists that a violation of the traffic laws has been committed; OR e. The vehicle is stopped according to some non-arbitrary, non-discretionary, systematic procedure (e.g., a roadblock, or DWI checkpoint). (1) All civilian clothed uniformed members of the service shall, when practical, utilize portable red light, NYPD windbreaker jacket, NYPD baseball cap and/or color of the day. (2) Contact Communications Section and request marked Department vehicle respond, if practical. NOTE: Civilian clothed uniformed members of the service (i.e., Anti-Crime, Street Crime Unit, PDS/RAM Units) shall conduct taxi/livery checks pursuant to the Taxi/Livery Robbery Inspection Program (TRIP) and passenger vehicle checks pursuant to the Combat Auto Thefts (CAT) program. When a vehicle stop is made on the basis of an observed traffic infraction, uniformed members of the service should take proper police action, including the issuance of summonses. P.G. 202-26 Crime Prevention Officer Date Effective: 01-01-00 CRIME PREVENTION OFFICER 1. Cooperate with the special operations lieutenant, patrol supervisors, patrol officers, planning officer, training officer, and the auxiliary coordinator to determine local crime prevention needs and methods of controlling crime. 2. Evaluate crime patterns and institute crime prevention programs relative to specific crimes. 3. Establish rapport with local community to implement innovative crime prevention programs tailored to specific needs. 4. Act as liaison with private security directors of organizations within command and facilitate exchange of intelligence information with the business community. 5. Coordinate "Zero Tolerance" and larceny reduction programs with retail establishments regarding shoplifting arrests. 6. Keep commanding officer apprised of private sector initiatives, and progress of the ongoing Area Police Private Security Liaison (APPL) program." 7. Conduct public education programs on crime prevention via various community group meetings. 8. Give direction and guidance to cooperative neighborhood crime prevention undertakings. 9. Inspect premises and make recommendations concerning physical security. 10. Investigate selected crimes against property, evaluate current security measures and recommend new procedures to owners or residents. 11. Investigate selected crimes against the person, interview victims and institute individual and community education programs to prevent recurrence. 12. Refer complex cases which require special investigative effort to the Crime Prevention Section. 13. Wear appropriate business attire when not performing duty in uniform. 14. Inspect all COMPLAINT REPORTS (PD313-152) to identify crime victims under sixty (60) years of age, who have been the subject of: a. Homicide, sex crime, robbery, assault, OR, b. Physically injured. NOTE: Notification of rights to compensation for victims aged sixty (60) years and over will be made by the New York City Department of the Aging. 15. Verify if member of the service preparing/investigating COMPLAINT REPORT involving a crime victim has complied with P.G. 207-08, "Preliminary Investigation of Complaints (Other than Vice or Narcotics Complaints)." 16. Notify crime victim/surviving relative by mailing a pamphlet/application through the Mail and Distribution Unit within five (5) days of receipt of COMPLAINT REPORT. a. Complete last six (6) captions on Crime Victims Board "Claim Form" found in pamphlet entitled "Are You an Innocent Victim of a Violent Crime?" b. Operations Coordinator will be responsible for maintaining the notification system in the absence of the Crime Prevention Officer. 17. Maintain written records of the month's activity of all notifications made and forward a report on Typed Letterhead, by the fifth (5th) of each month, to the patrol borough command concerned. a. Patrol borough commands will consolidate monthly reports and forward them, within three (3) days, to Crime Victims Unit, Office of Deputy Commissioner - Community Affairs. 18. Administer VIN etching, CAT, HEAT, BAT, and similar programs. 19. Function as the liaison between this Department and the Protective Services for Adults agency and Department of the Aging. a. Receive telephone inquiries, ensure appropriate response, if necessary, and convey the results to originating agency. P.G. 202-27 Planning Officer Date Effective: 01-01-00 PLANNING OFFICER 1. Perform duty in uniform, when practical, as member of the command administrative staff. 2. Conduct planning activities of the command under the direction of the commanding officer. 3. Maintain liaison with Operations Unit, and other planning officers. 4. Maintain records and prepare reports relating to planning activities. 5. Develop innovative plans in the areas of crime prevention, traffic, patrol and investigative techniques, community affairs and other operating functions of the command. 6. Devise methods for measurement of performance. 7. Conduct analysis of operations, including workload, functions, allocation and utilization of personnel and other resources. 8. Make recommendations concerning use of available resources to achieve objectives. 9. Study specific problems peculiar to the command, such as crime patterns and incidence, personnel activity, prisoners in a hospital, and method or type of patrol technique employed. 10. Prepare projections of future resource requirements, make recommendations for revision of post or sector boundaries, and changes in allocation or utilization of patrol resources. 11. Study and update existing disorder, disaster or other plans affecting the command. 12. Identify need for new plans. 13. Study and document changing conditions within the command and determine impact on police services. 14. Make estimates of the command situation and provide the commander with information on how significant factors will affect the situation. 15. Participate in development and/or evaluation of pilot projects. 16. Develop local procedures to facilitate the introduction of new Department-wide procedures. 17. Collect, collate, evaluate and then disseminate information within the command and with higher, lower and parallel commands. 18. Represent commanding officer, when designated, at community meetings. 19. Coordinate activities with the crime prevention officer. P.G. 202-28 Traffic Safety Officer Date Effective: 04-25-03 TRAFFIC SAFETY OFFICER 1. Serve on the precinct Traffic Safety Team and advise team members on traffic related issues and concerns. 2. Review, sign and analyze all Police Accident Reports (MV104AN). Note any deficiencies and bring to the attention of the precinct training sergeant and/or platoon commander. 3. Provide to the desk officer for review a daily recapitulation of all accident numbers generated for a given command. 4. Maintain a file of completed photocopied Police Accident Reports, by the month in which the accident occurs, for a minimum of one year, in a secure locked cabinet. 5. Duplicate and forward accident reports, on a daily basis, to the Highway Unit concerned for accidents occurring on limited access highways. 6. Duplicate and forward accident reports to other agencies (Department of Motor Vehicles, Taxi and Limousine Commission, etc.), when necessary. [I.O. 37 s 04] NOTE: All duplicate Police Accident Reports for outside agencies will be placed in a white envelope, addressed appropriately (e.g., Office of the Comptroller, One Centre Street, New York NY 10007, attn: CIF Department) and forwarded to the Mail and Distribution Unit. 7. Fax copy of all POLICE ACCIDENT REPORTS involving a "crossover" accident to the Corporation Counsel and the Highway District. NOTE: A crossover accident is a motor vehicle accident occurring on a surface road or limited access highway where a motor vehicle strikes or crosses over any type of median (jersey barrier, guard rail, divider, fence, etc.) separating opposing traffic. 8. Analyze and process TRAFFIC INTELLIGENCE REPORTS (PD178-150). 9. Forward TRAFFIC INTELLIGENCE REPORTS that cannot be addressed on the precinct level to the Patrol Borough Traffic Safety Coordinator. 10. Query the Traffic Accident Management System (TAMS) for listing of accident prone locations. 11. When necessary, identify accident-prone locations not listed in TAMS. 12. Survey all accident-prone locations and determine contributing factors for each location. 13. Recommend necessary engineering, enforcement and education strategies for accident reduction. 14. Forward necessary enforcement information (days and hours accidents are occurring, contributing factors, e.g. weather conditions, etc.) to other units providing summons enforcement in the precinct, such as the Patrol Borough Task Force, Highway Units, Manhattan Traffic Task Force, etc. 15. Maintain a liaison with the city's Department of Transportation regarding engineering recommendations. 16. Issue appropriate summonses at accident-prone locations. 17. Maintain copies of construction permits, visit construction sites and issue summonses for permit violations. 18. Count, record by category (e.g., red lights, improper turn, etc.), and process relevant summonses. 19. Enter enforcement activity in TAMS and complete a Supplemental Enforcement Ratio Report, when necessary. 20. Maintain and update the precinct Traffic Safety Plan and Emergency Plans "A.", "B" and "C". 21. Evaluate and monitor the precinct Pedestrian Safety Program. 22. Attend patrol borough traffic safety meetings. 23. Compile necessary statistical data for TRAFFICSTAT meetings and attend meeting with executive officer when precinct is scheduled for a presentation. 24. At the direction of the commanding officer, attend community council and Safety Board meetings, as well as other public forums to discuss traffic safety. 25. Coordinate activities with the Community Affairs Officer to reduce accidents involving children. 26. Cooperate with the Precinct Planning Officer in matters concerning traffic safety. 27. Coordinate traffic related training (radar, construction site enforcement, school crossing guards, etc.) with the training sergeant. 28. Prepare and/or forward the following reports: a. Monthly TAMS Accident Prone Location Report, Precinct Enforcement Ratio Report and Enforcement Ratio Recap b. Supplemental Accident Prone Location Report and Enforcement Ratio Report, when necessary c. Traffic/Quality of Life Report d. Precinct Radar Program Report e. Pedestrian Safety Overtime Report f. Commuter Van Enforcement Report g. Tow Truck Accident Report h. Aggravated Unlicensed Operator Program Report. 29. Review the HIGHWAY CONDITION RECORD (PD311-151) for conditions that require notification to, or follow-up with, other agencies (Department of Transportation, Parks, etc.) 30. Prepare MISSING TRAFFIC CONTROL DEVICE REPORT (PD620-150) and forward to the appropriate Department of Transportation Borough Commissioner. 31. Maintain and update the precinct's traffic safety bulletin board to keep members current on accident-prone locations, school/church crossings and other traffic safety information. 32. Serve on the Department Vehicle Accident Review Board and process necessary reports. 33. Review on a daily basis all summonses for moving violations and violations returnable to criminal court, and all Environmental Control Board Notices of Violation and Hearing. a. Identify those summonses/Notices issued to owners/operators of vehicles licensed or those owners/operators of vehicles that should be licensed by the New York City Taxi and Limousine Commission. b. Reproduce two (2) photocopies of each summons/Notice, entering on the top of each photocopy the next respective sequential number from the "Report of Violation" log, and then forward one (1) of the photocopies to the New York City Taxi and Limousine Commission. c. File remaining photocopy of summons/Notice in rear of "Report of Violation" log or command file. NOTE: All Traffic Safety Officers MUST be familiar with the Procedural Manual For Traffic Safety Officers. The duties and responsibilities of the Traffic Safety Officer are substantial and are fundamental in establishing an effective traffic safety program. Commanding officers will not assign duties to the Traffic Safety Officer that are unrelated to traffic. In precincts that have a large number of accident prone locations, the assignment of an Assistant Traffic Safety Officer may be warranted. P.G. 202-29 Domestic Violence Prevention Officer Date Effective: 01-01-00 DOMESTIC VIOLENCE PREVENTION OFFICER 1. Perform duty in uniform, unless specifically authorized to do otherwise. a. Tours of duty will be set in accordance with command needs. 2. Review New York State Domestic Incident Reports (DCJS-3221) for accuracy and completeness. a. Indicate verification by completing the "Reviewed by" caption on the Domestic Incident Report. b. Forward copy of Domestic Incident Report to precinct's Domestic Violence Investigator. 3. Review each tour's SPRINT Resource Log and ensure that a Domestic Incident Report has been prepared for all assignments in which a 10-93F, 10-92F, or 10-90F radio code disposition was given. 4. Maintain a command Domestic Incident Report Log to record each Domestic Incident Report, captioned as follows: PRECINCT SERIAL NO. SPRINT NO. DATE OF REPORT VICTIM'S NAME 5. Maintain a Domestic Incident Report file comprised of all Domestic Incident Reports prepared within the command, or forwarded from other commands. NOTE: The original Domestic Incident Report (Domestic Violence Prevention Officer's copy) and the first (1st) copy (Domestic Violence Investigator's copy) will be filed in the command of occurrence. If the command of occurrence is other than complainant/victim's resident precinct and a Report is prepared, a photocopy of that Report will be forwarded to the Domestic Violence Prevention Officer assigned to the complainant/victim's resident precinct. 6. Enter information obtained from all Domestic Incident Reports into the command's Domestic Incident Report database, updating existing files as new information concerning a particular complainant or household becomes available. 7. Identify and monitor those locations and victims (including all members of the household who may be at risk) requiring special attention by utilizing information obtained from all available sources. 8. Maintain contact with complainants, i.e., telephone calls, letters, home visits, or interviews at the command, depending on the complainant's needs and preferences. a. Use caution when attempting to contact victims so as not to alert the alleged offender of police intervention. [I.O. 16 s 04] NOTE: In an effort to avoid compromising ongoing investigations, the Domestic Violence Prevention Officer will confer with the precinct detective squad or Special Victims Squad investigator concerned, before contacting victims whose open complaints have been referred to either squad. Prior to conducting a family/home visit, notify Communications by utilizing radio code "10-75F" and give the address, and if applicable, the apartment number of the visit. 9. Effect summary arrests in adherence with P.G. 208-36, "Family Offenses/Domestic Violence," if during the course of a home visit, interview, etc., a wanted offender is present. a. Ensure that a computer warrant check on individuals identified on the Domestic Incident Report has been completed prior to conducting a home visit, interview, etc., and that results have been entered on the Domestic Incident Report. 10. Relay information concerning victims or locations requiring special attention to other command personnel, including the Domestic Violence Investigator, community policing officers, youth officers, and sector officers. 11. Furnish complainants/victims with information concerning their rights, particularly the Right of Election, providing explanation if necessary. a. Advise complainants/victims of the availability of Orders of Protection. 12. Assist in the serving of Orders of Protection, when requested. NOTE: The above responsibility addresses all Orders of Protection served between Family/Household - Expanded Definition members, NOT the temporary Orders of Protection from Family Court as outlined in P.G. 212-57, "Service Of Orders Of Protection By Uniformed Members Of The Service." 13. Advise complainants of the availability of counseling, assistance, and shelter. P.G. 202-30 Precinct Youth Officer Date Effective: 01-01-00 PRECINCT YOUTH OFFICER 1. Process and investigate JUVENILE REPORTS (PD377-151) prepared for youths residing in precinct. 2. Maintain file of JUVENILE ARREST INVESTIGATION/ PROBATION INTAKE REPORTS (PD277151). 3. Contact parents and warn of truancy or other offenses committed by their children that resulted in a YOUTH REFERRAL (PD377-153) or JUVENILE REPORT. 4. Execute youthful offender warrants and institute court process when necessary. 5. Coordinate, guide, develop and stimulate Police Athletic League and youth programs, in cooperation with neighborhood volunteers, including community and youth councils. 6. Assist commanding officer in the development and review of School Security Plans, Summer Youth Security Plans and Safe Corridor Plans. 7. Coordinate Summer Youth Work Program and assist/complement efforts of community affairs and crime prevention officers. 8. Ensure witnesses and complainants appear as necessary in Family Court for cases involving violent youth. 9. Follow up on ALL CRIMES, petty and serious, committed by youths. a. Attempt to involve petty offenders in positive youth groups. 10. Coordinate intelligence, identify youth gangs and maintain youth gang file, including the names of known members, locations, colors, rivals, etc. 11. Establish liaison with schools, Police Athletic League, DARE, local community groups, and social agencies, and make necessary presentations. 12. Identify any locations frequented by truants and notify the borough truancy task force. 13. Establish liaison and coordinate efforts with the borough truancy task force and Youth Services Section. 14. Identify home conditions which contribute to youth violence. 15. Provide essential information on youth violence/domestic violence to command personnel working on like cases. 16. Work with the domestic violence prevention officer on cases involving child abuse. 17. Visit schools and track statistics on violence in schools by conferring with school principals and school safety officers. 18. Prepare YOUTH REFERRALS, REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377154), GANG/GROUP INCIDENT REPORT (PD377-158), and/or JUVENILE REPORTS as necessary. 19. Be familiar with current case law when conducting interviews and interrogations. 20. Patrol, in uniform, at locations where youths congregate during school hours. 21. Patrol, in uniform, areas frequented by youths during hours that school is not in session. 22. Youth officers are responsible for the cleanliness, supply of reports and security of the juvenile interrogation room. 23. Work in close coordination with the Youth Services Section to reach out to youths "at risk." 24. Serve as an information resource and advise command personnel, parents and community groups on youth matters. 25. Assist in processing runaways, abused children and those youths requiring shelter, when necessary. 26. Inspect all copies of REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT prepared or received in command and follow related P.G. 215-03, "Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children." P.G. 202-31 Arrest Processing Officer Date Effective: 01-01-00 ARREST PROCESSING OFFICER 1. Perform duty in uniform. 2. Distribute arrest related forms and paperwork to arresting/assigned officer as appropriate (On Line Booking Worksheets, Desk Appearance Ticket's, juvenile summons, etc.). 3. Access and operate computer systems to check for warrant information. 4. Access and operate OLBS computer system (PF1/PF3), for arrest number generation, when necessary. 5. Operate "Livescan" fingerprinting machine in all cases that require a prisoner to be fingerprinted. 6. Ensure prisoner(s) are photographed, as appropriate. 7. Ensure command has adequate supply of all necessary arrest related forms, paperwork and equipment. 8. Ensure all of the command's arrest related computer systems are operational and properly maintained. a. Contact appropriate sources to advise that system(s) have failed and for instruction and/or repair. 9. Assist desk officer in notifying uniformed member of the service when prompted by Assistant District Attorney of readiness for interview. 10. Make inquiries with the District Attorney's Office concerned on all unusual delays in complaint interviews/preparation. 11. Review all completed arrest packets for accuracy and completeness. a. Ensure prompt delivery, as appropriate. NOTE: Arrest processing officers will assist on all arrests that are processed within their command regardless of the arresting/assigned officer's command, bureau or agency. In addition to the above duties and responsibilities, a command's arrest processing officer will be responsible for all additional arrest related functions dictated by the needs of individual commands/patrol boroughs and as requested by their respective commanding officers. [I.O. 53 s 03] A member of the service will be with the prisoner at all times. If the arrest processing officer is with the prisoner and the arresting officer is NOT Present, the arrest processing officer will request appropriate relief before leaving the prisoner to attend to other aspects of arrest processing. P.G. 202-32 Community Affairs Officer Date Effective: 01-01-00 COMMUNITY AFFAIRS OFFICER 1. Attend community council meetings and assist in stimulating and coordinating council activities. 2. Forward monthly report of council meetings, programs and operations to Deputy Commissioner - Community Affairs through borough community affairs coordinator and Commanding Officer, Community Affairs/Crime Prevention Section. 3. Establish personal contact with civic and community groups within the command and attend meetings as directed. 4. Perform duties in relation to community council in addition to crime and delinquency prevention, as directed. a. Maintain liaison with community/youth council leadership. 5. Act as liaison between the Community Council Executive Board and the commanding officer. 6. Inform commanding officer and borough community affairs coordinator of all new and/or revised activities of unusual events and demonstrations. 7. Maintain a close liaison with the management of facilities within commands where large events are held. 8. Maintain an open constructive avenue of communication with other members of the service to allow for exchange of ideas and information regarding the community. 9. Maintain daily contact with the community policing supervisor to combine efforts for attention to areas of sensitive complaints and the needs of the residents. 10. Visit schools, houses of worship, hospitals and similar public institutions frequently. a. Confer with principals, rabbis, ministers, priests, administrators, etc., on delinquency and other youth related problems. 11. Investigate incidents and conditions that may lead to intra/inter group community unrest. a. Respond to disorders, demonstrations, racial conflicts or other unusual conditions resulting in large groups on the street, as directed by the commanding officer or other ranking officer in charge. 12. Assist commanding officer in: a. Keeping members of command informed of community affairs problems b. Developing and implementing community affairs programs. 13. Assist training sergeant in developing related police/community affairs in-service training, including the use of guest speakers. 14. Maintain liaison with command personnel assigned to administer the Youth Service and Crime Prevention Programs to ensure mutual cooperation and support. 15. Perform other community affairs duties as directed by commanding officer or other competent authority. 16. Wear appropriate business attire when not performing duty in uniform. 17. Administer the Safe Return Program. 18. Contact every nursing home and similar facility in the command to ensure that these facilities know about and are taking advantage of the Safe Return Program and to describe this program at community meetings, council meetings and every other appropriate forum they address. 19. Review the Command Post Log for the names of special category persons who have been reported missing in the past and contact the families of, and/or the persons responsible for, persons with impaired memories and ascertain if they have registered with the Safe Return Program. a. Provide information about the program if they have not registered and encourage them to register. P.G. 202-33 Warrant Officer Date Effective: 01-01-00 WARRANT OFFICER 1. Perform duty in uniform, in command unless specifically authorized to do otherwise by competent authority. a. Perform tours of duty conducive to the apprehension of targeted fugitives, as determined by commanding officer. 2. Pursue all misdemeanor and violation warrants forwarded to the command for individuals residing within command boundaries. 3. Operate under the supervision of command special operations lieutenant and, as an integral member of the command special operations team, exchanging on a regular basis, information concerning wanted individuals with all team members (i.e., anti-crime, Street Narcotics Enforcement Unit, community policing, youth officer, domestic violence prevention officer, etc.). NOTE: If wanted individual is the subject of an INVESTIGATION CARD (PD373-161), frequent exchange of information with detective squad concerned is necessary. a. Confer, if query of WOLF and WNAM/WNYS Systems reveals an on-going investigation, with borough and city-wide level investigative units, including precinct detective squad, Warrant Section borough squad, Cold Case Apprehension Squad, Juvenile Crime Squads, transit district and Homeless Outreach Unit concerned, so as NOT to impede ANY active felony investigation being conducted. 4. Obtain New York City criminal arrest history via the BADS computer to ascertain subject's recent arrest activity, if any, and other available information. 5. Establish and maintain a photograph file containing photos of wanted individuals believed to reside in, or frequent locations within, the command. a. Prepare flyers/cards with photos of wanted individuals for distribution to command personnel and uniformed members of the service from other commands (i.e., Organized Crime Control Bureau, etc.,) regularly operating within the command. NOTE: When it is learned that a court has mandated the sealing and returning of an arrestee's arrest photo, such photo will be immediately removed from the command photograph file and forwarded to the Latent Print Section, Tracking Unit for the eventual return to the arrestee. 6. Utilize all available databases to assist in the apprehension of wanted individuals, including the Warrant Master File, the Warrant Arrest Report Generator (WARG) System, the Warrant On Line File (WOLF) System, the Booking Arraignment Disposition System (BADS), the Computer Assisted Robbery System (CARS), and the Court Record Information Manager System (CRIMS). 7. Process warrants received in accordance with P.G. 212-75, "Processing Warrants," as well as all applicable provisions of the Penal Law and Criminal Procedure Law. 8. Comply with the pertinent provisions of P.G. 208-42, "Arrest on a Warrant," regarding re-arrest on a bench warrant, when a warrant has been executed and arrest is effected SOLELY on a bench warrant. P.G. 202-34 Command Auxiliary Police Coordinator Date Effective: 01-01-00 COMMAND AUXILIARY POLICE COORDINATOR 1. Perform tours of duty that conform with the duty schedule of the command. NOTE: Commanding officers concerned will make a concerted effort to ensure that the assignment of the command auxiliary police coordinator is a full time assignment. 2. Assist commanding officer and special operations lieutenant in the command's problem solving objectives by coordinating and maintaining a liaison with the crime prevention officer, community affairs officer, youth officer, planning officer and community policing coordinator. 3. Coordinate all auxiliary police activities within command. 4. Recruit new members into the Auxiliary Police Program continually by developing strategies with the Commanding Officer, Auxiliary Police Section and recruitment staff. 5. Conduct mandatory "basic training" classes for new recruits twice a year with at least ten (10) recruits. a. Schedule training for auxiliary personnel by contacting the Training Unit, Auxiliary Police Section. 6. Identify and recommend to the special operations lieutenant suitable volunteer auxiliary police for the "Purchase of Alcohol to Minors" operation. 7. Obtain shields and identification cards of members leaving the Auxiliary Police Program and process accordingly. 8. Submit requests for recognition awards and promotion. a. Forward requests to Auxiliary Police Section through borough auxiliary police coordinator concerned. 9. Ensure that hours performed by auxiliary police members are accurately recorded. a. Include monthly activity figures on required Auxiliary Police Section form and forward to the borough auxiliary police coordinator and Auxiliary Police Section. 10. Interview, enroll and investigate new applicants to the program. a. Prepare initial/final packages b. Conduct confidential investigations, if necessary c. Report to Auxiliary Police Section three (3) weeks after start of "basic training" course with initial package and immediately upon completion of the course with final package. 11. Examine and verify all information submitted including proof of residence, employment, citizenship, etc. a. Must verify by written documentation that on-file applicant is a permanent resident or possesses a valid visa issued by Immigration and Naturalization Service. 12. Inspect auxiliary police officers at roll call, make assignments, and provide instruction on current orders, directives, bulletins, etc., issued by Commanding Officer, Auxiliary Police Section. 13. Confer with the commanding officer, special operations lieutenant and planning officer to develop plans for optimum use of auxiliary police members in the event of an emergency. a. Ensure that auxiliary police mobilization plans are developed and tested by the command and all auxiliary police personnel are instructed on the provisions of the plans. 14. Safeguard and maintain all equipment and supplies assigned for auxiliary police use. 15. Develop innovative programs within Department guidelines to generate interest and enthusiasm in the program. 16. Wear appropriate business attire when not performing duty in uniform. NOTE: Commanding officer selects qualified uniformed member of the service for assignment as command police auxiliary coordinator but is not assigned as such until approved by the Commanding Officer, Auxiliary Police Section. Additionally, the commanding officer selects an alternate to perform the above duties when the command auxiliary police coordinator is not working. All borough and command auxiliary police coordinators are responsible for program management and will ensure adherence to the provisions of the Auxiliary Guide and all related directives, bulletins, orders, etc., published by the Commanding Officer, Auxiliary Police Section. P.G. 202-35 Command Lan Manager Date Effective: 01-01-00 COMMAND LAN MANAGER 1. Responsible for the serviceability, proper care and use of all computer hardware and software assigned to the command. 2. Monitor the daily operation of the Local Area Network and other computer related equipment. a. Make minor repairs, adjustment, etc., to such equipment. 3. Contact the Management Information Systems Division, Help Desk, for required assistance and service. a. Submit a written report on Typed Letterhead, addressed to Management Information Systems Division, if service provided by contracted repair vendor does not resolve equipment problems in a timely manner. 4. Inspect all computer equipment in command daily for cleanliness, orderly condition, accountability and operation. a. Inform desk officer of results of inspection. NOTE: The desk officer shall record the results of the inspection in the Command Log. 5. Maintain a current inventory listing, including maintenance history, of all computer hardware and software. a. Advise Management Information Systems Division of any additions or deletions of hardware or software not directly received from or returned to Management Information Systems Division. 6. Report to desk officer when reporting on or off-duty, and when leaving or returning to the command during the tour. Desk officer shall record same in the Command Log and on the roll call. 7. Confer with commanding officer/detective squad commander on a regular basis. a. Provide assistance in computer related matters. 8. Inform the commanding officer/detective squad commander of important matters related to area of responsibility. 9. Cooperate with other commands and units in an effort to accomplish the mission of the command. 10. Supervise performance of computer related activities within the command. a. Inform operations coordinator, principal administrative associate, or detective squad commander of deficiencies or derelictions in the use or care of computer equipment and peripherals. 11. Confer and assist other supervisors in preparing performance evaluations for those members assigned to the operation of computer equipment. 12. Perform tours of duty as determined by the commanding officer. 13. Provide assistance to other commands within the borough when their Command LAN Manager is not on duty. 14. Maintain current knowledge of computer applications. 15. Provide training and assistance to command personnel in the use of current and new computer applications accessible through the Local Area Network or mainframe network. 16. Develop and/or assist in developing procedures, records and operational controls for operation of computer systems within the command. 17. Communicate new and/or modified computer related policy methods and procedures to staff and evaluate results. 18. Attend supervisory staff/management team meetings. a. Conduct periodic staff meetings. 19. Maintain and update LAN Guide as well as all related materials, books and manuals in command's computer resource library. a. Maintain updated LAN Guide and pertinent material for Command Reference Library. 20. In accordance with the LAN Guide and other directives from the Management Information Systems Division: a. Establish and maintain network users, directories and security. b. Monitor and administer the network. c. Manage the file server and update the operating system as required. d. Set up and manage network printing. e. Establish the user environment. f. Maintain software applications, as required. g. Maintain a backup of all files, security, rights. h. Respond to the needs and questions of users relative to their access of resources on the network and the performance of their assigned duties. i. Train qualified members to act as backup managers. j. Remain abreast of changes in user and system software and hardware requirements. k. Keep system information in an orderly NetWare Log. l. Other matters as indicated in the LAN Guide. 21. Ensure that unauthorized equipment (i.e., laptops, modems, personal computers, etc.,) are not attached to Local Area Network. 22. Ensure that Local Area Network equipment is not altered in any way that would allow a workstation to utilize a floppy disk drive or local hard drive. 23. Ensure that no unauthorized programs, software, etc., are utilized on Department computers. NOTE: Local developed programs for use on the Local Area Network must be submitted to the Management Information Systems Division, through channels, for review and approval. If approved, Management Information Systems Division personnel will install the programs on the Local Area Network. 24. Attend meetings and training sessions scheduled by the Commanding Officer, Management Information Systems Division. 25. Perform other related assignments as directed by the commanding officer, or as requested by the detective squad commander. P.G. 202-36 Evidence/Property Control Specialist Date Effective: 01-01-00 EVIDENCE/PROPERTY CONTROL SPECIALIST 1. Receives, invoices, releases, packages, and labels property and evidence, including, but not limited to, narcotics, U.S. and other currencies, securities, jewelry, etc. 2. Performs intake functions, checks and examines property to ensure that it is in conformance with related documentation; searches for possible contraband, unaccountable items, or VIN numbers and other proof of identification. a. Assigns storage number location. 3. Stores and safeguards invoiced property, properly identified for easy retrieval. 4. Prepares property and pertinent documents necessary for transport; operates Department vehicles to transport all invoiced property to various Department locations, District Attorneys' Offices, etc. 5. Moves, loads, unloads all types of property from one location to another or to other building sites. 6. Transports, delivers, deposits money for safekeeping to the appropriate bank facility; returns and logs bank receipts and invoices at appropriate command location. 7. Receives, reviews and maintains invoices, records, logs and indexes pertaining to all property received. 8. Secures and maintains storage area. 9. Uses computer to search for, enter or update information. 10. Processes release of invoiced property. a. Determines identity of persons requesting release of property; verifies identification and proof of ownership; may fingerprint claimant, if necessary. 11. Verifies the identity and authorization of personnel entering or leaving Department premises where property is stored. 12. Cancels alarms; monitors alarm systems, security cameras and other security systems at assigned premises. 13. Makes appropriate notifications, writes and dispatches communications and transmittal forms; orders necessary supplies. 14. Responds to inquiries from the Public Administrator's Office, District Attorneys' Offices and other jurisdictions pertaining to the disposition of property of deceased individuals, criminal evidence and related matters. 15. Performs all miscellaneous activities in connection with Rotation Tow operations in the absence of evidence and property related functions. 16. Performs periodic inspection of, or schedules overall maintenance of vehicles assigned to property functions. 17. Performs other clerical and/or administrative duties, as required. P.G. 202-37 Command Clerk Date Effective: 01-01-00 COMMAND CLERK 1. Assigned to post adjacent to desk officer. 2. Perform clerical tasks as assigned by desk officer. 3. Distribute Department mail. 4. Bring to the attention of desk officer matters of importance or other conditions requiring attention. 5. Input information in the On Line Complaint System (OLCS) and the On Line Aided and Accident Indexes as directed by the desk officer. P.G. 202-38 Telephone Switchboard Operator Date Effective: 01-01-00 TELEPHONE SWITCHBOARD OPERATOR 1. Answer telephone promptly, stating in courteous manner, command, rank or title, surname, and "May I help you?" 2. Process requests for service. 3. Notify desk officer of all important messages. 4. Maintain TELEPHONE DISPATCH LOG (PD112-143). 5. Maintain duplicate copy of ROLL CALL (PD406-144). 6. Maintain HIGHWAY CONDITION RECORD (PD311-151) and make related notifications. 7. Maintain OUTGOING TOLL CALLS (PD112-142). 8. Notify desk officer when a member required to signal fails to comply within a reasonable time. 9. Maintain copy of "Frequent Telephone Inquiries." P.G. 202-39 Patrolwagon Operator Date Effective: 01-01-00 PATROLWAGON OPERATOR 1. Report to supervisor concerned at beginning of tour and when relieved at end of tour. a. Obtain assignment and meal period from supervisor concerned at the beginning of tour. 2. Keep the patrolwagon and equipment in clean, serviceable condition. 3. Operate the patrolwagon in a safe manner and obey all traffic laws. 4. Maintain the Patrolwagon Record in a plain Number 2 book. a. Enter name, time reporting for duty, time leaving and returning from meal and time relieved. 5. Make entry of time leaving command on assignment, all stops made and time of return. 6. Notify supervisor concerned when leaving and returning from calls and meals. 7. Report necessary repairs to the commanding officer. 8. Check rear and compartment doors for serviceability and security before and after loading prisoners. 9. Remain available for service and in location known to supervisor concerned when not on assignment and render police assistance as required. 10. Call the borough court section concerned from all stops on the way to court or other destination, upon arrival at and prior to departure from court or other destination. a. Notify borough court section concerned if prisoners are not ready to be transported within twenty (20) minutes after arrival at location where prisoners are to be picked up. 11. Search interior of patrolwagon for weapons or other contraband after delivering prisoners to court or other destination, and immediately notify ranking officer at the facility if contraband is discovered. 12. Return transport chains used for restraining prisoners to location from where obtained. 13. Perform duty in proper uniform. 14. Pick up Department supplies and equipment after receiving clearance from borough court section concerned. P.G. 202-40 Police Attendant Date Effective: 01-01-00 POLICE ATTENDANT 1. Assume control of, search (if applicable) and inspect prisoners. a. Ensure that property that is dangerous to life, may facilitate escape or may damage or deface other property is removed from prisoner. 2. Examine doors of all occupied cells to ensure that they are locked. 3. Enter inspection of prisoners on PRISONER ROSTER (PD244-145), and notify desk officer of inspection results immediately after reporting for duty. 4. Remain inside cell block at all times while prisoners are confined therein, and be alert to conditions and needs of such prisoners. a. Relief personnel will remain within the cellblock during relief periods and ascertain that cell doors of all occupied cells are locked. 5. Enter results of inspection of prisoners on PRISONER ROSTER every thirty (30) minutes. 6. Report to desk officer any physical condition or unusual need of prisoner in custody or in the detention area. 7. Attend to the personal needs of prisoner, such as providing meals and other essentials. 8. Keep quarters and detention cells clean and supplied with paper cups, toilet paper and paper towels. 9. Visit female detention cells or female quarters as follows: a. When accompanied by female officer if attendant is male, and then, only with permission of supervisory officer in command, or b. In daily cleaning of female cells, or c. In an emergency. 10. Keep command facility and abutting areaways, yards, and sidewalks clean and sanitary. 11. Prevent rubbish or dust from accumulating in any part of the command. 12. Report necessary command/detention area repairs to the commanding officer. 13. Wash cells thoroughly, and test emergency alarms in the cellblock each day immediately after prisoners have been taken to court. 14. Operate heating plant. 15. Remove and safeguard firearms prior to entering detention cell area including facilities established during emergency arrest situations. (Supervisory officers are responsible that weapons of members assigned to temporary detention facilities are safeguarded.) 16. Keep green lights at building entrance lighted from sunset to sunrise. 17. Perform other duties as directed by desk officer. 18. Perform clerical duties or other tasks relating to command operations if no prisoners are confined in cells. General Regulations P.G. 203-01 Order Of Rank Date Effective: 01-01-00 ORDER OF RANK 1. The order of rank in the police service is: a. Chief of Department b. Bureau Chief c. Assistant Chief d. Deputy Chief e. Inspector f. Deputy Inspector g. Captain h. Lieutenant i. Sergeant j. Police Officer/Detective 2. Police Department Chaplains and Surgeons have the assimilated rank of Inspector. 3. Seniority in rank among members appointed or promoted at the same time is determined by position on appointment or promotion list. 4. At a police incident, the senior uniformed member, in R.M.P. assigned to incident or on foot patrol at the scene, will direct and coordinate police operations pending arrival of the supervisor. If R.M.P. assigned to incident is delayed and no uniformed member is assigned to foot patrol at the scene, the senior uniformed member first on the scene will take charge, pending the arrival of supervisor or assigned R.M.P. 5. The Duty Chief, who is the representative of the Chief of Department, will respond to serious incidents. Examples of serious incidents necessitating this response include firearms discharges involving a member of the service where death or serious physical injury to any person occurs; deaths in police custody; Level III and IV Mobilizations (not drills) involving three or more borough task forces; major disruptions of transportation and any other incident which is (or appears likely to become) newsworthy/noteworthy for any reason. The Duty Chief should consider whether or not his/her response would be beneficial to the investigation of the incident. Further, the Duty Chief will assume command of the incident if he/she is the highest ranking uniformed member of the service on the scene and will keep the Operations Unit informed of all facts. NOTE: All duty chiefs will call the Operations Unit upon the start of their tour and be briefed as to current conditions. P.G. 203-02 Courtesies Date Effective: 01-01-00 UNIFORMED MEMBER OF THE SERVICE 1. Tender and return hand salute as prescribed by U.S. Army regulations. 2. Salute: a. Police Commissioner or deputy commissioners in civilian clothes b. Supervisory officer in uniform c. United States flag as it passes d. Desk when entering command. 3. Salute flag when national anthem is played. and salute. If flag not visible, face band, etc., 4. Supervisory officers return salutes promptly. 5. Salute is not required at large assemblages except when addressed by or addressing supervisory officer. Salute not required if it interferes with police duty. 6. Remove hat and stand at attention in office of Police Commissioner, deputy commissioner or member above rank of lieutenant. 7. Order "Attention" when member above rank of captain enters room unless otherwise directed. 8. Place U.S. flag at half-staff as indicated below, when a uniformed member of the service dies: a. Lieutenant, sergeant, police officer - on Department building where assigned on day of funeral b. Captain - on Department building where assigned from time of death to sunset, day of funeral c. Deputy inspectors or inspectors - on Department buildings within his/her command from time of death to sunset, day of funeral; flag at Police Headquarters will fly at half-mast on day of funeral. d. Member killed in line of duty - on Department building where member assigned from time of death to ten (10) days after the funeral; flags will fly at half-mast on all Department buildings from time of death until day after the funeral. e. Other members, Police Commissioner or a deputy commissioner - as directed by the Police Commissioner or Chief of Department. P.G. 203-03 Compliance With Orders Date Effective: 01-01-00 COMPLIANCE WITH ORDERS 1. Be familiar with contents of Patrol Guide and revise as directed. 2. Obey lawful orders and instructions of supervising officers. 3. Be punctual when reporting for duty. 4. Be governed by orders affecting another rank when temporarily assigned to perform the duties of that rank, except as otherwise indicated. 5. Maintain a current New York State driver's license and notify commanding officer, with pertinent details, when license is suspended, revoked or not renewed. NOTE: All uniformed members of this Department are required to have a valid driver's license as a condition of employment. Civilian members who are authorized to operate Department vehicles also must have a valid driver's license. The Department of Motor Vehicles will send a weekly printout of the names of Department members with a suspended, revoked, or expired driver's license directly to the Internal Affairs Bureau. The Internal Affairs Bureau will assign a log number and assess the allegations in accordance with Internal Affairs Bureau procedures. If appropriate, a copy will be faxed directly to a concerned member's commanding officer. Upon notification by the Internal Affairs Bureau, the commanding officer of any member of the Department, uniformed or civilian, who is deemed to have a suspended, revoked, or expired New York State driver's license, will not permit that member to operate any Department vehicle until the member proves that such revocation, suspension, or expiration is erroneous or has been resolved. The commanding officer will submit a report to Internal Affairs Bureau's Records Section indicating the results of the investigation of this matter and the current status of the member's driver's license. Commanding officers will ensure that, in addition to a visual inspection of uniformed members drivers licenses, at each semi-annual uniform inspection as described in A.G. 305-06, "Inspection of Uniforms:" a. A Department of Motor Vehicles inquiry is made utilizing the FINEST System for each uniformed member of the service, and b. A warrant check, using the WINQ and WNAM formats, is also conducted for each uniformed member of the service. Commanding officers will ensure that during January and July of each year, civilian members of the service authorized to operate Department vehicles present valid New York State driver licenses. In addition, commanding officers concerned will ensure that an inquiry and warrant check, as performed for uniformed members of the service, is conducted for all civilian members assigned to the command. 6. Keep Department locker neat, clean and secured with combination lock (without identifying serial number) that conforms to Equipment Section specifications. 7. Affix POLICE DON'T MOVE (Misc. 1261) sticker to assigned locker with rank, name, shield and squad number captions filled in. [REV 3-01] 8. Affix Gun Safety Sticker (SP414) to assigned locker and at all Department Firearms safety stations [I.O. 23 s 01] 9. Affix Gun Safety Sticker (SP414) to assigned locker and at all Department firearms safety stations 10. Apply for interview with Police Commissioner in writing (include squad or chart numbers), ONLY when action or relief cannot be obtained by other means. P.G. 203-04 Fitness For Duty Date Effective: 07-28-00 FITNESS FOR DUTY 1. Be fit for duty at all times, except when on sick report. 2. Do not consume intoxicants to the extent that member becomes unfit for duty. [Rev 00-3] ADDITIONAL DATA [REV 3-01] All members of the service are required to remain fit for duty as specified above, and are reminded of their absolute responsibility to remain fit for duty while in possession of their firearms. Any misconduct involving a Member's misuse of a firearm while unfit for duty due to excessive consumption of, and intoxication from, alcohol will result in that member's termination from the Department. Exceptional cases will be determined by the Police Commissioner, on a case by case basis. Furthermore, any misconduct involving members who are found to be unfit for duty due to excessive consumption and intoxication from alcohol, while armed with a firearm, will result in the inclusion of the charge of "Unfit For Duty While Armed, " in Departmental disciplinary proceedings. In addition to those imposed as a result of all other charges stemming from the misconduct, strict punitive sanctions will be imposed for any member upon whom the charge has been substantiated. Additionally, a uniformed member of the service who refuses to submit to chemical testing in connection with an alleged violation of section 1192 of the New York State Vehicle and Traffic Law (Driving While Intoxicated) will be charged with violating Patrol Guide procedure 203-10, page 1, step 4, "Engaging in conduct prejudicial to the good order, efficiency, or discipline of the Department." Members of the service are also reminded of the Department's commitment to the many counseling and assistance programs available for a wide variety of problems. Members who are experiencing problems related to alcohol, or know of any other member who may be experiencing problems related to alcohol, are strongly encouraged to call HELPLINE at (718) 271-7777, in order to achieve confidential assistance. P.G. 203-05 Performance On Duty - General Date Effective: 02-28-01 PERFORMANCE ON DUTY 1. Perform all duties as directed by competent authority. 2. Remain on post until properly relieved, except for police necessity, personal necessity or meal period. a. Notify telephone switchboard operator and, if possible, make entry in ACTIVITY LOG (PD112-145) before leaving post. b. Make entry upon return to post and notify telephone switchboard operator. 3. Take meal period in police facility, a bonafide restaurant or Department vehicle. 4. Make accurate, concise entries in Department records in chronological order, without delay, using BLACK ink. 5. Sign Department reports or forms with full first name, middle initial and surname. a. Print and write legibly. b. Utilize shield and tax registry numbers as required. NOTE: Civilian members of the service (e.g. school safety agent supervisors) as well as uniformed members of the service (e.g. rank of lieutenant and above) who do not possess a shield number are required to utilize their tax registry number instead as an additional means of identification on Department forms. The use of the tax registry number by these members is mandated even when there is no specific caption calling for it. For example, supervisors in the rank of lieutenant and above will enter their tax registry number in the "Shield No." caption at the bottom of the PROPERTY CLERK'S INVOICE (PD521-141) after witnessing and verifying the packaging of evidence/property/currency. Entry of the tax registry number will also apply to any other Department form currently in use. 6. Make corrections on Department records by drawing an ink line through incorrect matter. Enter correction immediately above and initial change. 7. Use numerals when entering dates on Department forms, e.g., 1/5/79. 8. Use abbreviation "Do" for ditto. 9. Start serial numbers with one (1) at beginning of each year for official forms or reports, unless otherwise specified. 10. In the absence of supervisory presence or direction, a member may wear dual purpose disorder control/scooter helmet at own discretion if it is believed that safety is endangered or conditions warrant. In all supervised situations, the ranking member on the scene will determine in the first instance if helmets are to be worn or removed except in emergencies, such as those situations where the member reasonably believes that there is a substantial and specific imminent threat to the safety of the member. Members of the service shall have the discretion to carry their helmets on their duty belts, or to secure the helmet within sight and sound of the scene (e.g. in a vehicle, premises, or with another member of the service), to be deployed as circumstances warrant. The following guidelines regarding the wearing/carrying of helmets will apply: a. Any member operating a motor scooter must wear a helmet (face shield is also required when operating two-wheel scooter) b. A member must wear or carry helmet when specifically directed to do so c. Members performing Radio Motor Patrol in uniform will keep in helmets in the vehicle trunk for use if needed d. All other members shall keep their helmets in their lockers where they will be readily accessible. 11. Answer telephone promptly, stating in a courteous manner, command, rank or title, surname, and "May I help you?" 12. Be responsible for humane treatment and safekeeping of prisoners in custody or detained in Department facility over which member has supervision. 13. Maintain Department property issued or assigned for use in serviceable condition. 14. Deliver recovered property, property removed from a prisoner, or property removed from an emotionally disturbed, intoxicated or incapacitated person, to the desk officer of the precinct where obtained unless otherwise directed. 15. Announce presence before entering a locker room, dormitory, lavatory, utilized by members of the opposite sex, except in an emergency. In addition, be accompanied by member of said opposite sex, if practicable. NOTE: In complying with the regulation above, desk officers concerned will make an entry in Command Log indicating time/date of member(s) of the service utilizing dormitory and reason, and will inform inspecting officers if dormitory is being used prior to conducting inspection. Additionally, inspecting officers will peruse the Interrupted Patrol Log, etc., to ascertain who is authorized in facility prior to conducting inspection. 16. Operate Department vehicles only when assigned and only when Department qualified to operate such vehicle. P.G. 203-06 Performance On Duty - Prohibited Conduct Date Effective: 01-01-00 PERFORMANCE ON DUTY - PROHIBITED CONDUCT 1. Consuming intoxicants while in uniform whether on or off duty. 2. Bringing or permitting an intoxicant to be brought into a Department building, facility, booth, boat, or vehicle, except in performance of police duty. 3. Entering premises serving intoxicants, except for meal or performance of duty. 4. Carrying a package, umbrella, cane, etc., while in uniform, except in performance of duty. 5. Recommending use of particular business, professional or commercial service to anyone except when transacting personal affairs. 6. Steering business, professional or commercial persons to a prospective client requiring such services except when transacting personal affairs. 7. Consenting to payment by anyone to regain lost or stolen property or advising such payment, except towing fees as provided by law for recovered stolen vehicles. 8. Riding in any vehicle, other than a Department vehicle to which assigned, while in uniform, except when authorized or in an emergency (sergeants and police officers only). 9. Using Department logo unless authorized by Police Commissioner. 10. Wearing any item of apparel which contains a Department logo or shield, or in any way identifies its wearer with the New York City Police Department, unless approved by the Uniform and Equipment Review Committee, prior to being worn by a member of the service, uniformed or civilian, on or off duty. 11. Engaging in card games or other games of chance in a Department facility. 12. Engaging in illegal gambling anywhere except in performance of duty. 13. Having any person make a request or recommendation that affects the duties of any member of the service, except as provided by Department procedures. 14. Engaging in conduct defined as discriminatory in P.G. 205-36, "Employment Discrimination," "SCOPE" statement. 15. Using Department letterhead, personnel, equipment, resources, or supplies for any non-Department purpose or non-city purpose. [REV 01-01] 16. Wearing or carrying an unauthorized beeper/pager and/or cellular telephone while on duty. [I.O. 35 s 04] 17. Appropriating or using official Department digital/analog recorded media, (e.g. video tape, digital computer files or digital audio/video recording) except as authorized for official Department business. P.G. 203-07 Performance On Duty - Personal Appearance Date Effective: 05-30-02 PERFORMANCE ON DUTY - PERSONAL APPEARANCE 1. Be neat and clean. 2. Keep uniforms clean, well pressed, and in good repair. will not display a clearly visible company name or logo. Shoes must be shined and 3. Keep uniform securely buttoned. a. When the short-sleeved shirt is worn, the collar button may be left unbuttoned but all other buttons shall be fastened. 4. Wear cap squarely on head, with center of visor directly over nose. a. No hair is to show beneath the visor of the cap. b. Cap must be worn when members are assigned to foot patrol, traffic posts, or details. c. Members riding in Department vehicles may remove the cap while in the vehicle. d. Police officers and detectives assigned to subway patrol duties in uniform have the option of wearing the cap during the period of June 1 to October 1. NOTE: At all other times, the uniform cap must be worn except where there are exigent circumstances. When the exigent circumstances have stabilized, the cap must be worn. 5. Prevent non-uniform articles from showing above uniform collar. a. When the short-sleeve shirt is worn, undershirts, neck chains, or other nonuniform articles shall not be visible within the open collar or below the sleeve ends of the shirt. b. Shirt sleeves may not be rolled up. 6. Wear hair so that it is neatly groomed and conforms to the shape of the head. a. All regulations regarding the appearance of members' hair apply equally to male and female uniformed members of the service. b. When a member is in uniform, regardless of whether or not the cap is worn, hair will not be worn so that it falls over the eyebrows or reach the collar. c. The length and bulk of the hair should not interfere with the wearing of any uniform headgear, including emergency equipment. The hairstyle should allow for the uniform cap to be placed squarely on the head, without visible bulk. 7. Necessary hair holding devices (such as but not limited to rubber bands, clips, barrettes, pins), if used, must be unadorned and plain, and be transparent or similar to the color of the hair. All such devices must be unobtrusive, and concealed as much as possible. Hair scarves, beads, bows, large and decorative fabric-covered elastic bands, large plastic clips, or other ornamental items are prohibited. 8. Keep sideburns closely trimmed and not extending below bottom of earlobe. 9. Have mustache neatly trimmed, not extending beyond, nor drooping below corners of mouth. 10. Do not grow beards or goatees except under the following circumstances: a. When required because of a medical condition and with written approval of the Chief Surgeon. (Copy of written approval will be in possession of member of the service whenever in uniform.) b. When approved, in writing, by member's commanding officer because of nature of member's assignment. (Copy of written approval will be in possession of member of the service whenever in uniform.) c. When required because of religious accommodation and with written approval of the Deputy Commissioner, Equal Employment Opportunity. (Copy of written approval will be in the possession of member of the service whenever in uniform.) d. When assigned to perform duty in uniform, members granted the aforementioned exceptions will conform, to the extent possible, to provisions of this procedure. (For example, long hair will be gathered and secured closely to the head above the collar.) 11. Do not wear ornaments or jewelry visible on the head, neck, or wrist while performing duty in uniform. Prohibited ornaments include, but are not limited to earrings, necklaces, neck chains, bracelets, and body piercing. a. Medical alert bracelets may be worn visibly. b. Watchbands must be a conservative color, such as navy, black, brown, yellow metal, white metal, or similar colors. c. Rings may be worn if they are generally smooth, and not likely to catch on other objects. Rings with jagged edges, raised stones, etc., are not permitted. 12. Keep fingernails neatly trimmed and extending no more than ¼ inch from the fingertip. a. Nail polish may be worn only if it is clear, or of a natural, conservative color. b. Any designs or decorations on nails are prohibited. 13. Only those cosmetics which are of conservative color and amount shall be permitted. 14. Eyewear will be of conservative style and color. No neon or brightly colored frames may be worn. Eyeglass straps may be worn, but must be black. 15. While in uniform in public view, do not chew gum, use tobacco in any form, or hold toothpicks in the mouth. 16. When authorized to perform duty in civilian clothing, wear attire appropriate for assignment. P.G. 203-08 Making False Statements Date Effective: 01-01-00 MAKING FALSE STATEMENTS PROHIBITED CONDUCT 1. Making false official statement. NOTE: The making of false statements will result in dismissal from this Department, absent exceptional circumstances. Examples of false statements include, but are not necessarily limited to, lying under oath during a civil, administrative or criminal proceeding as well as during an official Department interview conducted pursuant to Patrol Guide procedure 206-13, "Interrogation of Members of the Service." Exceptional circumstances will be determined by the Police Commissioner on a case by case basis. P.G. 203-09 Public Contact - General Date Effective: 01-01-00 PUBLIC CONTACT [Rev 04-01] 1. Courteously and clearly state your rank, name, shield number and command, or otherwise provide them, to anyone who requests you to do so. Allow the person ample time to note this information. 2. Be courteous and respectful. 3. Avoid conflict with Department policy when lecturing, giving speeches or submitting articles for publication. Questions concerning fees received will be resolved by Chief of Personnel. P.G. 203-10 Public Contact - Prohibited Conduct Date Effective: 05-19-00 PUBLIC CONTACT - PROHIBITED CONDUCT 1. Using discourteous or disrespectful remarks regarding another person's ethnicity, race, religion, gender or sexual orientation. 2. Knowingly associate with any person or organization: a. Advocating hatred, oppression or prejudice based on race, religion, gender, or sexual orientation. b. Disseminating defamatory material. c. Reasonably believed to be engaged in, likely to engage in, or to have engaged in criminal activities. d. Preventing or interfering with performance of police duty. 3. Divulging or discussing official Department business, except as authorized. [I.O. 35 s 04] 4. Appropriating or using official Department digital/analog recorded media, (e.g. video tape, digital computer files or digital audio/video recordings) except as authorized for official Department business. 5. Engaging in conduct prejudicial to good order, efficiency or discipline of the Department. 6. Making recommendation for or concerning any person or premises to any government agency in connection with issuance, revocation or suspension of any license or permit, except when required in performance of duty. 7. Soliciting, collecting or receiving money for any political fund, club, association, society or committee. 8. Joining any political club within the precinct to which assigned. 9. Being a candidate for election to, or serving as member of a School Board, if School District is located within City of New York (see Section 2103-a, Education Law.) 10. Endorsing political candidates or publicly expressing personal views and opinions concerning the merits of: a. Any political party or candidate for public office; b. Any public policy matter or legislation pending before any government body; or c. Any matter to be decided by a public election. NOTE: Such conduct, as described above in step 10, is prohibited while on duty or when in uniform, except with the permission of the Police Commissioner. 11. Having an interest in or association with premises engaged in illegal gambling operations, smoke shops, after hours clubs or similar illegal activities, except in performance of duty. 12. Patronizing unlicensed premises (social clubs, after hours clubs, etc.) where there is illegal sale of alcoholic beverages and/or use of drugs, except in performance of duty. [Rev 2-00] 13. Violating Section 1129 of the New York City Charter. This section provides that any uniformed member who shall accept any additional place of public trust or civil emolument, OR who shall be nominated for any office elective by the people, and does not decline said nomination within ten (10) days, shall be deemed thereby to have vacated his or her position/office in the Department. This vacatur of office shall not apply to the following: a. A member of a community board b. An appointment, nomination or election to a board of education outside the City of New York c. A member, who with the written authorization of the Mayor, shall accept any additional place of public trust or civil emolument while on leave of absence without pay from the Department. 14. Smoking in public view while in uniform. 15. Occupying seat in a public conveyance, while in uniform, to exclusion of paying passenger. NOTE: Uniformed members assigned to perform patrol duties on a train may not occupy a seat at any time. 16. Using personal card describing police business, address, telephone number or title except as authorized by Department Manual. 17. Rendering any service for private interest, which interferes with proper performance of duty. 18. Possessing or displaying police shield, IDENTIFICATION CARD (PD416-091) or similar object except as authorized by the Police Commissioner. 19. Enlisting or accepting a commission in any federal military reserve or state militia organization without written approval of the Police Commissioner. 20. Serving on a community board's Public Safety Committee (which deals directly with Police Department and other law enforcement matters). 21. Voting on any matter that comes before the community board concerning Police Department activities in the district that the board serves. P.G. 203-11 Use Of Force Date Effective: 01-01-00 USE OF FORCE All uniformed members of the service are responsible and accountable for the proper use of force under appropriate circumstances. Members of the service are reminded that the application of force must be consistent with existing law and with New York City Police Department Values, by which we pledge to value human life and respect the dignity of each individual. Depending upon the circumstances, both federal and state laws provide for criminal sanctions and civil liability against uniformed members of the service, when force is deemed excessive, wrongful or improperly applied. The primary duty of all members of the service is to preserve human life. Only that amount of force necessary to overcome resistance will be used to effect an arrest or take a mentally ill or emotionally disturbed person into custody. Deadly physical force will be used ONLY as a last resort and consistent with Department policy and the law. At the scene of a police incident, many members of the service may be present and some members may not be directly involved in taking police actions. However, this does not relieve any member present of the obligation to ensure that the requirements of the law and Department regulations are complied with. Members of the service are required to maintain control or intervene if the use of force against a subject clearly becomes excessive. Failure to do so may result in both criminal and civil liability. EXCESSIVE FORCE WILL NOT BE TOLERATED. All members of the service at the scene of a police incident must: a. Immediately establish firearms control b. Use minimum necessary force c. Employ non-lethal alternatives, as appropriate. Members of the New York City Police Department will NOT use chokeholds. A chokehold shall include, but is not limited to, any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air. Whenever it becomes necessary to take a violent or resisting subject into custody, responding officers should utilize appropriate tactics in a coordinated effort to overcome resistance (for example see P.G. 216-05, "Aided Cases-Mentally Ill or Emotionally Disturbed Persons"). The patrol supervisor, if present, should direct and control all activity. Whenever possible, members should make every effort to avoid tactics, such as sitting or standing on a subject's chest, which may result in chest compression, thereby reducing the subject's ability to breathe. Persons taken into custody (i.e., arrest, mentally ill, emotionally disturbed, etc.) shall be rear cuffed at the earliest opportunity to reduce the potential for resistance, which may cause injuries. In addition, alternate restraining devices (Velcro straps, mesh restraining blankets, etc.) shall be used, at the earliest opportunity, to restrain or further restrain a subject whose actions or behavior may cause injury to himself/herself or others. After an individual has been controlled and placed under custodial restraint using handcuffs and other authorized methods, the person should be positioned so as to promote free breathing. The subject should not be maintained or transported in a face down position. The member assuming custody of the subject should closely observe him or her for any apparent injuries. If the area is dark, a flashlight or other source of illumination should be used to maintain a clear view of the subject at all times. If a person appears to be having difficulty breathing or is otherwise demonstrating life-threatening symptoms, medical assistance will be requested immediately. The patrol supervisor will direct that alternate means to maintain custody be utilized, if appropriate. The use of restraints to "hog-tie" (restraining person by connecting or tying rear cuffed hands to cuffed or shackled ankles or legs) subjects and the transportation of subjects in a face down position within any vehicle are prohibited. P.G. 203-12 Deadly Physical Force Date Effective: 01-01-00 DEADLY PHYSICAL FORCE The New York City Police Department recognizes the value of all human life and is committed to respecting the dignity of every individual. The primary duty of all members of the service is to preserve human life. The most serious act in which a police officer can engage is the use of deadly force. The power to carry and use firearms in the course of public service is an awesome responsibility. Respect for human life requires that, in all cases, firearms be used as a last resort, and then only to protect life. Uniformed members of the service should use only the minimal amount of force necessary to protect human life. Where feasible, and consistent with personal safety, some warning, such as "POLICE - DON'T MOVE," should be given. Deadly force is never justified in the defense of property. Above all, the safety of the public and uniformed members of the service must be the overriding concern whenever the use of firearms is considered. GUIDELINES FOR THE USE OF FIREARMS a. Police officers shall not use deadly physical force against another person unless they have probable cause to believe they must protect themselves or another person present from imminent death or serious physical injury. b. Police officers shall not discharge their weapons when doing so will unnecessarily endanger innocent persons. c. Police officers shall not discharge their firearms in defense of property. d. Police officers shall not discharge their firearms to subdue a fleeing felon who presents no threat of imminent death or serious physical injury to themselves or another person present. e. Police officers shall not fire warning shots. f. Police officers shall not discharge their firearms to summon assistance except in emergency situations when someone's personal safety is endangered and unless no other reasonable means is available. g. Police officers shall not discharge their firearms at or from a moving vehicle unless deadly physical force is being used against the police officer or another person present, by means other than a moving vehicle. h. Police officers shall not discharge their firearms at a dog or other animal except to protect themselves or another person from physical injury and there is no other reasonable means to eliminate the threat. i. Police officers shall not, under any circumstances, cock a firearm. Firearms must be fired double action at all times. P.G. 203-13 Financial Restrictions - Prohibited Acts Date Effective: 05-19-00 FINANCIAL RESTRICTIONS - PROHIBITED ACTS 1. Using confidential official information to advance financial interest of self or another. 2. Becoming interested, directly or indirectly, in any manner except by operation of law in any business dealing with City. 3. Engaging, or rendering a service, in any financial, commercial or private interest which is directly or indirectly in conflict with official duties. 4. Purchasing city-owned real property through negotiated sale, EXCEPT a city-owned residential building of six (6) units or less, may be purchased through negotiated sale. Violation subjects member to fine, suspension or dismissal and member may be prosecuted for a misdemeanor. 5. Purchasing real estate for rental purposes within precinct of assignment. 6. Soliciting, accepting, printing or publishing advertisements, or booster lists, or receiving funds from a businessperson or any other person, directly or indirectly, relating to a journal or any other publication of any organization that has the word "POLICE" in its organization title or its literature, cards, tickets, etc., used to raise funds for any purpose indicating, in any way, an affiliation with this Department, without approval of the Chief of Internal Affairs. 7. Selling or issuing tickets, invitations or any other writing or device for the purpose of admission to functions held by religious, line or fraternal organizations within this Department, and any placards, invitations, circulars or other similar instrument advertising these affairs bearing the words "POLICE DEPARTMENT - CITY OF NEW YORK" or similar term indicating an affiliation with the Police Department without the approval of the Chief of Internal Affairs. NOTE: The officers and committee members taking part in the arrangement, operation or conduct of authorized affairs under the auspices of religious, line or fraternal organizations of this Department will ensure that Department standards are maintained. 8. Authorizing use of photograph in uniform or mentioning rank, title or membership in Department for commercial advertisement. 9. Accepting testimonial award, gift, loan or thing of value to defray or reimburse any fine or penalty, or reward for police service except: a. Award from City of New York Employee's Suggestion Board b. Award of Departmental recognition c. Award to a member of officer's family for a brave or meritorious act, from a metropolitan newspaper. [Rev 2-00] d. Monetary prize or award from foundations, universities, institutions, etc., after review by the Deputy Commissioner, Legal Matters and the approval of the Police Commissioner. 10. Purchasing or acquiring property of another, without approval of commanding officer, knowing or having reason to know that such property was held in custody of this Department. 11. Soliciting, contributing or paying, directly or indirectly, or otherwise aiding another to solicit, contribute or pay any money or other valuable consideration which will be used in connection with a matter affecting the Department or any person connected with the Department, without permission of the Chief of Internal Affairs. 12. Soliciting or accepting loans from merchants, firms or persons doing business located or residing in area of assignment. [Rev 2-00] 13. Entering into a business or financial transaction with another member of the service who is your superior or subordinate. For the purpose of the prohibition in step 13, a traditional, rather than a military meaning of superior or subordinate shall be applied. A "subordinate" shall mean all individuals in lower positions whose work the superior has the power to direct or whose terms and conditions of employment the superior has the power to affect. The Conflicts of Interest Board has determined that it is a violation of the conduct described in step 13 for a superior to solicit charitable contributions from, or to offer to sell products of any amount or value to a subordinate. The Board has specifically ruled, however, that a subordinate may sell products for profit or charitable purposes, or solicit donations for charitable purposes from a superior if the amount involved is de minimis. The Board has defined de minimis to be $25.00 or less. P.G. 203-14 Financial Restrictions - Prohibited Interests Date Effective: 05-24-00 FINANCIAL RESTRICTIONS- PROHIBITED INTERESTS [Rev 2-00] 1. No Department employee may have a position in a firm that the employee knows, or should know, is engaged in business dealings with the Department. 2. No Department employee may have a position in a firm that the employee knows, or should know, is engaged in business dealings with the City, unless such position is in a firm whose shares are publicly traded. NOTE: For purposes of steps 1 and 2 above, a position with a firm includes, but is not limited to an officer, director, manager, employee, trustee, attorney, agent, broker or consultant to the firm. The definition of "firm" includes an individual seeking business on his/her own behalf, and as a sole proprietor. 3. In addition to the prohibitions outlined above, a Department employee may not have an ownership interest in a firm that is engaged in business dealings with the Department or have an ownership interest in a firm whose shares are not publicly traded, that is engaged in business dealings with the City. 4. If a Department employee has an ownership interest prohibited in step 3 above, the employee must, within ten (10) days of learning that such ownership interest is prohibited: a. Terminate such ownership in the firm, OR b. Disclose the prohibited ownership interest to the Conflicts of Interest Board. NOTE: For purposes of steps 3 and 4 above, an ownership interest means an interest held by a Department employee, the employee's spouse or unemancipated child, that is greater than five (5) percent of the firm or an investment equivalent to $32,000.00. If a Department employee has an interest in a firm, whose shares are publicly traded, that has business dealings with the City (which would be permitted), but is not sure whether that firm has business dealings with the Department (which would not be permitted), the employee may make written request to the Police Commissioner, through channels, for a determination on whether that firm does business with the Department. Any Department employee who believes they may be covered by these provisions should immediately contact the Conflicts of Interest Board at (212) 442-1400 for further instructions. An employee may have an interest otherwise prohibited above if written approval is obtained from the Police Commissioner and the Conflicts of Interest Board approves. P.G. 203-15 Off Duty Conduct - Attendance At Parades, Funerals, Memorial Services And Other Department-oriented Or Law Enforcement Events Date Effective: 01-01-00 PURPOSE To inform all off duty members of the service of the guidelines to be complied with when attending or taking part in parades, funerals, memorial services, and other Department-oriented or law enforcement events. SCOPE All members of the service are strictly accountable for their conduct at all times, whether on or off duty, inside or outside New York City. Conduct which brings discredit to the Department, or conduct in violation of law is unacceptable and will result in appropriate disciplinary measures. Additionally, all members of the service are subject at all times to the provisions of the Patrol Guide, other Department regulations, and all local, state, and federal laws. PROCEDURE When attending or taking part in parades, funerals, memorial services, and other Department-oriented or law enforcement-oriented events, the following will be complied with: a. ALL members are required to report corruption or serious misconduct whether on or off duty, inside or outside New York City. In particular, ranking officers are reminded that supervisory responsibilities are never abrogated. Ranking uniformed members of the service must take affirmative action whenever they observe or become aware of corruption or serious misconduct, including immediate notification to the Internal Affairs Bureau. b. On duty members, in or out of uniform, will return to their commands as soon as the event is over. They will not take a meal period and will not be granted lost time until they return to their assigned commands. c. All off duty uniformed members of the service who wish to wear their uniform outside New York City must receive permission in advance from the Police Commissioner, First Deputy Commissioner, or Chief of Department. NOTE: ALL OFF DUTY MEMBERS WHO ARE IN UNIFORM MUST CONDUCT THEMSELVES AS IF THEY WERE ON DUTY, AND WILL BE HELD ACCOUNTABLE ACCORDINGLY. ADDITIONALLY, ALL MEMBERS WILL RESPECT, COOPERATE WITH, AND FOLLOW THE DIRECTION OF PERSONNEL FROM OTHER LAW ENFORCEMENT AGENCIES WHEN PRESENT IN THAT AGENCY'S JURISDICTION. d. Off duty members granted permission to wear uniforms will only wear them for the duration of the event. They must then change into civilian attire as soon as the event is over. e. Under no circumstances will any member wear his/her uniform off duty or attend any parties, dinners, fund raising events, etc., in uniform, without the permission of his/her commanding officer or designee. This includes social events that take place after a parade, funeral, etc., has ended. f. All members of the service are reminded to comply with P.G. 203-06, "Performance On Duty - Prohibited Conduct," which prohibits the consumption of intoxicants when in uniform whether on or off duty. Members will not, under any circumstances, allow alcoholic beverages to be brought into Department facilities or vehicles except in performance of duty. g. All Department-oriented and law enforcement-oriented events that members of the service attend, wherever they take place, will be monitored by ranking officers from overhead commands. In selected cases, as specifically directed by the Police Commissioner, First Deputy Commissioner, or Chief of Department, the Internal Affairs Bureau will conduct such monitoring. h. Members are reminded of the provisions of P.G. 204-08, "Firearms - General Regulations," which states that off duty members are to be unarmed at their own discretion when engaged in any activity of a nature whereby it would be advisable NOT to carry a firearm, especially those events at which alcoholic beverages are consumed. In addition, off duty members are reminded that they may only carry the regulation service revolver or pistol, authorized off duty revolver, or authorized special weapons. i. Members, when out of state for a parade, funeral, memorial ceremony, or any other Department-oriented or law enforcement-oriented event, may not carry any firearms without the permission of the Police Commissioner, First Deputy Commissioner or Chief of Department even when such an event takes place in a state which allows police officers from other jurisdictions to carry their weapons. P.G. 203-16 Guidelines For Acceptance Of Gifts And Other Compensation By Members Of The Service Date Effective: 01-01-00 PURPOSE To provide guidance to members of the service relating to acceptance of gifts and other compensation. POLICY It is the policy of the Department that members of the service may not accept any reward, gratuity, gift or other compensation for any service performed as a result of or in conjunction with their duties as public servants. All exceptions must be in accordance with Chapter 68 of the New York City Charter and the Police Department Board of Ethics rulings. This policy applies regardless of whether the service was performed while said members of the Department were on or off duty. Members of the service also shall not solicit any gift, gratuity, loan, present, fee or reward for personal gain. SCOPE Members of the service may be offered gifts, awards, and other things of value by private citizens, institutions, etc., in appreciation for their police service. It is not unethical or illegal for a member of the service to accept gifts that are commonly offered as tokens of appreciation, i.e., plaques, pen and pencil sets, etc. However, cash rewards and personal gifts, such as wristwatches, etc., are strictly forbidden. To insure that the general public does not misinterpret the justification for these gifts, the following procedure has been established. PROCEDURE Whenever a member of the service is offered a gift or becomes aware that a gift will be offered in appreciation for police service: MEMBER CONCERNED 1. Comply with Department regulations relating to financial restrictions and prohibited acts/prohibited interests. 2. Notify commanding officer, PRIOR to acceptance of gift. COMMANDING OFFICER CONCERNED 3. Review circumstances regarding the offering of the gift. a. Review Department Board of Ethics rulings relating to acceptance of gifts. NOTE: Commanding officers are responsible to ensure command copies of Board of Ethics rulings are maintained in Command Reference Library as required by A.G. 325-18, "Command Reference Library." IF GIFT IS A REWARD OR PRESENT FOR POLICE SERVICE RENDERED IN DISCHARGE OF OFFICIAL DUTY: 4. Prepare a report, on Typed Letterhead, to the Police Commissioner, for review and final determination regarding acceptability of gift. IF GIFT IS OFFERED BY A PERSON/FIRM WHICH IS, OR INTENDS TO ENGAGE IN BUSINESS DEALING WITH THE CITY OF NEW YORK: 5. Review City Charter, Section 2604 (B)5 to ensure that there is no conflict of interest. 6. Make final determination regarding the propriety of accepting gift and notify member concerned. a. Request ruling by Board of Ethics if circumstances of offering are peculiar in nature and not reflected in current rulings. 7. Prepare a report, on Typed Letterhead, to the Chief of Internal Affairs, through channels, for any member who receives two (2) or more gifts, regardless of value or source of gift, within a calendar year. RELATED PROCEDURES Command Reference Library (A.G. 325-18) FORMS AND REPORTS Typed Letterhead P.G. 203-17 Fund Raising Events Date Effective: 01-01-00 PURPOSE To provide specific information relative to fund raising activities affecting the Department or any person connected with the Department, and the posting of advertisements involving such events by members of the service. PROCEDURE Prior to the fund raising event or posting of advertisements, concerning the event: COMMANDING OFFICER, MEMBER CONCERNED 1. Prepare a request, on Typed Letterhead, addressed to the Chief of Internal Affairs, (through channels), containing the following information: a. The date, time and location of the fund-raiser, the identities of the organizers and the recipient of the proceeds after expenses. b. The results of inquiries made to the Intelligence Division and the Organized Crime Control Bureau relative to the premises and the principals involved, and the State Liquor Authority, when appropriate. c. The results of a check of the respective precinct's Integrity Monitoring File. d. The specific manner by which funds will be raised and the method of compensation to the principals of the premises, including an assurance that the full retail price will be paid for all food, beverages and ancillary services, such as music, entertainment, etc. e. A statement indicating that no illegal gambling will take place at the event. f. A statement indicating that a specific accounting of funds collected and disbursed will be forwarded, within thirty (30) days after the fund-raiser, to the Chief of Internal Affairs. g. A statement indicating that no conflict with Department procedures and/or guidelines was found to exist relative to the fund- raiser. h. A concluding remark recommending approval of the request. 2. Forward completed request, through channels, to the Chief of Internal Affairs. MEMBER CONCERNED, INTERNAL AFFAIRS BUREAU 3. Advise commanding officer submitting request of the IAB number assigned to the request, and whether the request was approved or disapproved by the Chief of Internal Affairs. 4. Return request, if approved, to the bureau chief/counterpart concerned for appropriate follow-up and event monitoring. RELATED PROCEDURE Financial Restrictions - Prohibited Acts (P.G. 203-13) P.G. 203-18 Residence Requirements Date Effective: 01-01-00 PURPOSE To ensure emergency notification information is current for the purposes of notifying a relative or friend whenever a member of the service is seriously injured or deceased and that the residence requirements are complied with. MEMBER OF THE SERVICE 1. Prepare CHANGE OF EMERGENCY NOTIFICATION (PD 451-122). 2. Provide commanding officer with a telephone number, at residence, for emergency notifications (a beeper/pager number is not sufficient). 3. Notify commanding officer by submitting form CHANGE OF NAME, RESIDENCE OR SOCIAL CONDITION (PD451-021), when name, residence, social condition or telephone number is changed. COMMANDING OFFICER 4. Ensure that each member of the service provides current emergency notification information for inclusion in personal folder, FORCE RECORD (PD406-143) and other command files. MEMBER OF THE SERVICE 5. Update emergency notification information on file at command when required. NOTE: A review of emergency notification information should be undertaken when circumstances warrant, i.e. changes in contact persons, addresses etc. RESIDENCE REQUIREMENTS UNIFORMED MEMBER OF SERVICE 6. Reside within City of New York or Westchester, Rockland, Orange, Putnam, Nassau, or Suffolk Counties. ADDITIONAL DATA It is the responsibility of members of the service to provide current notification information to their commands. New York City local law requires civilian members of the service, who entered city service on or after September 1, 1986, to reside within New York City. Civilian members of the service who were permanently appointed to city service before this date may reside outside the city; however, such civilian members who accept either provisional, non- competitive, or exempt positions must establish city residence within one (1) year. All allegations of non-compliance with this law will be referred to the Personnel Bureau's Investigations Unit, regardless of the civilian member's permanent bureau assignment within the Department. Sole investigative responsibility will rest with the Investigations Unit. Results of investigation will be review by the Director, Employee Management Division. If an investigation does identify a civilian member in violation of this requirement, the civilian member of the service will be given an opportunity to rebut the investigation's findings. Civilian members of the service found, in fact, not in compliance with this requirement are subject to termination. Department trial will not be conducted. FORMS & REPORTS CHANGE OF EMERGENCY NOTIFICATION (PD 451-122) CHANGE OF NAME, RESIDENCE OR SOCIAL CONDITION (PD451-021) FORCE RECORD (PD406-143) P.G. 203-19 Vacation Policy Date Effective: 01-01-00 VACATION POLICY 1. Accrue vacation at the following rates: a. 1 2/3 days each month during the first five (5) years of service b. 2 1/4 days each month after the first five (5) years of service. 2. Vacations are granted according to seniority in rank and by squad assignment, if appropriate. (The date of actual appointment to the rank of police officer will determine seniority for vacation selection). 3. NOT MORE THAN 12% of personnel assigned to a uniformed patrol command (e.g., precinct, police service area, transit district, etc.) shall take vacation at the same time. 4. Staff members of uniformed patrol commands and the uniformed members of those commands who perform special tours of duty, i.e., day squad, traffic officers, etc., shall select vacation separately from other uniformed members of the command. The 12% limitation will be maintained, if possible. 5. Probationary police officers are not permitted to take vacation while in training at the Police Academy. After assignment to permanent command probationary police officer is allowed to take vacation in excess of the 12% limitation but not in conjunction with next vacation allowance. 6. Vacations for uniformed members of the service assigned to other than uniformed patrol commands will be granted at the discretion of the commanding officer. The 12% limitation will be adhered to, if possible. 7. Vacations of police officers (1st grade) and detectives who perform duty with the Police Officer/Sergeant Duty Schedule may be selected as follows: a. One (1) period consisting of five (5) sets of tours (or a comparable period based on the member's duty schedule) OR b. Two (2) periods consisting of three (3) sets and two (2) sets of tours, OR c. Three (3) periods consisting of two (2) periods of two (2) sets of tours and one (1) period consisting of one (1) set of tours, OR d. Four (4) periods consisting of one (1) period of two (2) sets of tours and three (3) periods consisting of three (3) single sets of tours, OR e. Five (5) periods consisting of five (5) single sets of tours. 8. Police officers, other than first grade, may select one (1) period consisting of four (4) sets of tours or two (2) periods, each consisting of two (2) sets of tours. However, if an officer's fifth (5th) anniversary appointment date falls within the current calendar year, the vacation allowance of said officer will be as follows: APPOINTMENT DATE January 1 to February 14 (inclusive) February 15 to April 15 (inclusive) April 16 to June 15 (inclusive) June 16 to July 15 (inclusive) July 16 to September 15 (inclusive) VACATION ALLOWANCE 27 work days 26 work days 25 work days 24 work days 23 work days September 16 to November 15 (inclusive) November 16 to December 15 (inclusive) 22 work days 21 work days 9. Lieutenants, sergeants and detectives may take vacation in one (1) period, two (2) approximate equal periods, or may select vacations consisting of one (1) complete set of tours and two (2) others of approximately equal length. Captains through deputy chiefs will take vacations consistent with the needs of their command. 10. Uniformed members of the service (police officer through deputy chief) may carry over a maximum of three (3) weeks vacation into following year subject to the following conditions: a. Accrued time may not be taken during June, July, August or December. b. Selection of accrued vacation is subject to exigencies of the Department. c. Selection of accrued time will be made after regular vacation picks. d. The 12% limitation remains in effect. NOTE: Accrued vacation guidelines do not apply to vacation time lost due to member being on sick report. 11. Excusal periods occurring immediately prior to, within and immediately following vacation are an integral part of such vacation. 12. Members shall start vacation at the beginning of a set of tours and consisting of a complete set, if possible. 13. Prepare annual vacation lists prior to January 1st to permit commencement of vacations on January 1st. 14. Two (2) individual vacation days may be taken during January and February of the succeeding year, subject to the following guidelines: a. Uniformed member concerned may select individual days when making regular vacation selection; however, if not selected with regular pick, they may be selected at later date subject to exigencies of the service. b. ONLY 2% of uniformed members assigned to uniformed patrol commands may take individual vacation days at one (1) time. c. Police officers MAY NOT select more than one (1) of the following holidays as an individual vacation day: Independence Day, Labor Day, Thanksgiving Day, Christmas Day or New Year's Day. 15. Take vacations at a time convenient to the Department. 16. Command timekeeper will enter vacation selections in the Command Diary. 17. Vacation selection may be changed to fill a vacant period or when members mutually agree to change vacation selections ONLY with permission of commanding officer. 18. Police officers retain original vacation selections when transferred. Supervisory officers may retain original selections if the efficiency of the command is not impaired. However, minor adjustments may be made to reflect new chart assignments. 19. Neither the executive officer nor the operations coordinator are permitted to take vacations at the same time as the commanding officer. 20. Uniformed member will apply for vacation lost during the preceding year due to sick leave, without delay, upon return to duty. 22. Vacation time granted in excess of accrued yearly allowance will result in reduction of vacation allowance in the following year. P.G. 203-20 Authorized Leave Date Effective: 01-01-00 AUTHORIZED LEAVE 1. Prepare LEAVE OF ABSENCE REPORT (PD433-041) and submit to commanding officer/supervisory head, for approval, at least five (5) days before leave commences except in emergency. 2. Leaves may be terminated at discretion of Police Commissioner. 3. Member who is granted extended leave of absence without pay must take all accrued leave prior to start of leave of absence. 4. Leave without pay for thirty (30) or more consecutive days during a year, except military leave, will reduce authorized vacation by 1/12th for each thirty (30) consecutive days of absence. 5. Member returning from leave without pay for one (1) year or more may not be granted unaccrued vacation until member performs active duty for a minimum of three (3) months, unless otherwise authorized by law. 6. A member of the service (uniformed or civilian) applying for any extended leave, e.g., educational leave with or without pay, hardship leave, etc., is required to communicate with the Military and Extended Leave Desk for instructions. 7. Leave without pay may be granted to observe a religious holiday. No more than 1/6th of each squad may be granted such leave. P.G. 203-21 Integrity Monitoring File Date Effective: 09-28-01 PURPOSE To identify locations where there is potential for members of the service to engage in corrupt practices or misconduct. DEFININTION DESIGNATED OFF-LIMITS LOCATION - a location operating legitimately that a commanding officer may place off-limits because of some police misconduct related activity, and the need to avoid the appearance of impropriety by members of the command (see Additional Data). UNLAWFUL LOCATIONS - premises, whether in a member's command or elsewhere, that are involved in illegal activities which would preclude the presence of a member of the service, except in the line of duty (see Additional Data). COOPING PRONE LOCATIONS - locations or premises where members of the service may engage in unauthorized interrupted patrol (see Additional Data). PROCEDURE When a premises or location has been identified as a "Designated Off-Limits Location", "Unlawful Location", or a "Cooping Prone Location" in a command under the jurisdiction of the Patrol Services, Housing, or Transit Bureaus: COMMANDING OFFICER 1. Direct integrity control officer to maintain an Integrity Monitoring File. 2. Document and have on file for review the reason(s) for including a location in the Integrity Monitoring File. NOTE: Documentation should include, but not be limited to criminal history, arrests, summonses, reports to the State Liquor Authority, organized crime information, corruption, Civilian Complaint Review Board/community complaints, etc. Dates of reports and serial numbers should be included. For further information to be maintained for off-limits and unlawful locations see "Additional Data." 3. Determine schedule to be utilized by commanding officer, executive officer, and integrity control officer when making visits to Designated Off-Limits Locations. a. Patrol supervisors will make observations, but not visits, to all locations as directed by the integrity control officer. 4. Direct preparation and maintenance of an Integrity Monitoring Log for the recording of observation and visits to subject locations. INTEGRITY CONTROL OFFICER 5. Maintain Integrity Monitoring file. 6. Maintain Integrity Monitoring Log and record all visits and observations, as well as police action directed at identified locations. NOTE: The Integrity Monitoring Log will be in a Department record book divided equally into three(3) separate sections entitled: a. "Designated Off-Limits Locations" b. "Unlawful Locations" c. "Cooping Locations." Each section will be captioned across a double page as follows: FIRST PAGE DATE TIME LOCATION ACTIVITY OBSERVED(IF ANY) SECOND PAGE MEMBER MAKING OBSERVATION ACTION TAKEN (Summons, arrest, Intelligence Div. notification, etc) REMARKS COMMANDING OFFICER 7. Evaluate, every six (6) months, the command's Integrity Monitoring File for accuracy and relevance. 8. Add/delete locations by forwarding a report, on Typed Letterhead, to overhead bureau concerned, through channels. a. Indicate reason for addition/deletion. b. Include an updated Integrity Monitoring File with report. 9. Prepare three (3) copies of updated Integrity Monitoring File on March 1st each year, and forward to overhead bureau concerned, through channels. a. An accompanying report will be prepared indicating that the commanding officer concerned has reviewed the file and the locations on each list are in conformance with this procedure. BUREAU COMMAND 10. Review reports (both interim and annual) submitted by subordinate commands. a. forward copy of report to the Investigation Review Section, Office of the Chief of Department. b. forward copy of report to the Internal Affairs Bureau. ADDITIONAL DATA The Investigation Review Section will act as the central repository for Designated Off- Limits Locations, Unlawful Locations, and Cooping Prone Locations. Annually, the Investigation Review Section shall forward an updated citywide list of these locations to the Operations Unit and the Office of the Chief of Department. Furthermore, the Quality Assurance division shall conduct audits of precincts, transit districts, police service areas and borough command counterparts to ensure updated lists are maintained in accordance with the provisions of this procedure. If it becomes necessary for a uniformed member of the service to enter a location listed in the Integrity Monitoring File because of assignment by competent authority, i.e. radio dispatcher/serious police emergency, the member concerned will immediately notify the patrol supervisor. The patrol supervisor will respond and make an ACTIVITY LOG (PD112-145) entry of the circumstances. The duties performed by units in Transit Bureau, The Traffic Control Division and the Special Operations Division my present integrity hazards that are unique to their specialties, i. e., marinas, riding academies, parking garages, etc. Therefore, commanding officers of each unit will identify such locations, and, using the criteria below, compile a Designated Off-Limits Location list for their unit's Integrity Monitoring File. Furthermore, they will obtain, and personally review offlimits locations within other commands where their members perform patrol. These locations will be included in their own lists of locations considered integrity hazards for their personnel. CRITERIA FOR INCLUSION IN INTEGRITY MONITORING FILE DESIGNATED OFF-LIMITS LOCATION a. Some documented police misconduct-related activity, such as: (1) Any substantial acts of misconduct, or (2) The failure of integrity tests, or (3) The commanding officer's professional judgment after review of corruption allegations, or (4) Intelligence from the Organized Crime Control Bureau or the Intelligence Division, particularly at locations involving organized crime, or (5) The location's past history of repeated crimes or violations. PLUS b. Illegal conditions associated with locations, or the inference or appearance of preferential treatment. Conditions listed in paragraphs a or b above are both required in order for a location to be included in the "Designated Off-Limits Locations" portion of the Integrity Monitoring File. Members of the service are prohibited from entering all Designated Off-Limits Locations within their command of assignment, whether on or off duty. Because of these limitations, commanding officers will be very judicious when designating a location off-limits. In addition, they must be able to articulate the reasonable basis used for selecting each location. Additionally, they should avoid listing general areas such as entire streets, plazas, parks, etc., unless there are some extraordinary circumstances that would justify the off-limits provisions of this procedure. The following information should be included in interim or annual reports regarding Designated Off-Limits Locations: (1)Date declared off-limits (2)Number of visits/observations by commanding/executive/integrity control officers or other supervisors (3)Notifications to investigations unit concerned (4)Any disciplinary/criminal action taken against members of the service re: location concerned (including results) (5)Date location closed or business sold (6)Date removed from list and reason (passed integrity test, etc.) UNLAWFUL LOCATION a. Premises (licensed or unlicensed) where a member of the service MUST be suspended for having an interest in, associating with or patronizing as indicated in Patrol Guide procedure 206-07, "Cause For Suspension Or Modified Assignment", step 2, subdivision "f" OR, b. Unlicensed premises (neighborhood tavern or restaurant with an expired/suspended license) where the sale of alcohol is the only apparent illegal activity and a member of the service may be suspended or placed on modified assignment for patronizing such a location as per Patrol Guide procedure 206-07, "Cause For Suspension Or Modified Assignment", step 3, subdivision "e". The following information should be included in interim or annual reports regarding Unlawful Locations (1)Date declared unlawful (2)Number of visits/observations by commanding/executive/integrity control officers or other supervisors (3)Any notifications made to Internal Affairs Bureau or any unit/agency relative to vice enforcement, narcotics, civil enforcement, etc. (4)Any disciplinary/criminal action taken against members of the service re: location concerned (including results) (5)Date business sold (6)Date location closed and reason (civil enforcement, vacated business, fire, etc.) If a member of the service becomes involved in an incident in an Unlawful Location, outside of his/her command, and upon investigation it is discovered that the location has been previously deemed unlawful, and is still carried as such in the command's Integrity Monitoring File, the commanding officer/duty captain will determine whether or not the member involved should have been aware of the unlawful status of the location in question. COOPING PRONE LOCATIONS Consideration for designating a location as cooping prone should be based on past history of allegations of cooping, or locations where, in the commanding officer's judgment, there is likelihood that members will engage in interrupted patrol. Cooping prone locations apply to on-duty members only. However, members will not be prohibited from performing authorized patrol within such locations, when necessary. FORMS AND REPORTS ACTIVITY LOG (PD 112-145) Type Letterhead Uniforms and Equipment P.G. 204-01 General Uniform Regulations Date Effective: 01-01-00 UNIFORMS 1. Maintain at own expense articles prescribed for rank, position or duty. NOTE: Recruits wear uniform only after inspected and stamped by Police Academy. 2. Do not modify prescribed uniforms in any manner except as specifically authorized by higher authority. 3. Do not wear distinguishable items of the uniform with civilian clothes. 4. Do not wear uniform, shield or display IDENTIFICATION CARD (PD 416-091) while participating in a rally, demonstration or other public assemblage except as authorized by the Department. [I.O. 7 s 03] 5. Wear uniform of the day. Commanding officers or unit commanders may authorized a specialized uniform only after requesting and receiving approval from the Police Commissioner's Uniform and Equipment Review Committee. Submit requests to the Office of the Chief of Department: Subcommittee. Att: Uniform and Equipment a. Wear uniform when directed, if assigned to the Detective Bureau or to duty in civilian clothes. NOTE: Detectives, when assigned to duty in uniform, will wear prescribed police officer's uniform with gold cap device and appropriate collar insignia. 6. While performing duty indoors, in uniform, wear regulation seasonal shirt and trousers. 7. Wear the prescribed uniform, if regularly assigned to duty in uniform, when appearing in court, the Trial Room or at the office of a ranking officer above the rank of captain, except if off duty, on sick report, or if excused by competent authority. 8. Purchase regulation service holsters, caps, raingear and all items of uniform which are sewn or attached to the uniform, from the Equipment Section or other authorized supplier. 9. Necessary uniform changes, other than those listed in step 10, will be made as directed by the lieutenant platoon commander/counterpart. a. The lieutenant platoon commander/counterpart shall authorize the removal, if desired, of the duty jacket/summer blouse whenever the temperature for a specific tour is expected to rise above 65 degrees Fahrenheit. b. The lieutenant platoon commander/counterpart shall authorize the wearing of the optional short sleeve shirt whenever the temperature for a specific tour is expected to rise above 70 degrees Fahrenheit. 10. Remove summer blouse/duty jacket while performing duty in uniform between May 1 and November 1, if desired. a. The following OPTIONAL uniform items may be worn between June (1) Short sleeve shirt (without tie), and; 1 and October 1: (2) Summer cap. [I.O. 35 s 03] NOTE: During the period of June 1 to October 1, police officers and detectives performing subway patrol duties in uniform shall have the option of wearing the uniform cap. Transit Bureau police officers and detectives who are assigned to subway patrol duty for their entire tour also have the option of wearing the summer uniform described below between June 1 and October 1. a. Regulation NYPD blue short sleeve uniform shirt. b. Cargo style shorts, as available in the Equipment Section. c. Black leather uniform athletic shoe, lace-up style ONLY, with no visible logos or markings. Either high-cut or low-cut style is authorized, however, the shoe should have no more than five (5) shoelace grommets/attachments. d. Black cotton crew socks, worn fully extended, length at least three (3) inches but no more than five (5) inches above outermost anklebone. Socks must be visible. 11. Do not wear gloves or suspenders when summer blouse is removed. 12. Wear authorized breast bars at all times while in uniform unless directed otherwise as in step 13 below. 13. Wear medals, decorations and authorized insignia at Department meetings, ceremonies and while marching in parades. (Do not wear a medal and corresponding breast bar at the same time). P.G. 204-02 Uniform Classifications Date Effective: 01-01-00 DRESS UNIFORM To be worn for ceremonies, promotions, funerals, etc.: SUMMER (CLASS A) 8 POINT CAP SUMMER BLOUSE LONG SLEEVE SHIRT & TIE DRESS TROUSERS SHINY (HIGH GLOSS) SHOES WHITE GLOVES DUTY BELT (OPTIONAL) WINTER (CLASS A) 8 POINT CAP WINTER COAT LONG SLEEVE SHIRT & TIE DRESS TROUSERS SHINY (HIGH GLOSS) SHOES WHITE GLOVES DUTY BELT (OPTIONAL) NOTE: A white shirt shall be worn by those uniformed members attending the funeral of a member assigned to the same command. PATROL UNIFORM To be worn when on patrol: SUMMER (CLASS B) 8 POINT CAP LONG SLEEVE SHIRT & TIE DUTY TROUSERS BLACK SHOES BLACK BOOTS (OPTIONAL) V-NECK SWEATER (OPTIONAL) BLACK BOOTS (OPTIONAL) WINTER (CLASS B) 8 POINT CAP WAIST/HIP LENGTH DUTY JACKET LONG SLEEVE SHIRT AND TIE OR TURTLE NECK SHIRT DUTY TROUSERS BLACK SHOES BLACK GLOVES SUMMER (CLASS C) 8 POINT CAP SHORT SLEEVE SHIRT (NO TIE) DUTY TROUSERS BLACK SHOES BLACK BOOTS (OPTIONAL) ADMINISTRATIVE UNIFORM To be worn when performing administrative duties in uniform: SUMMER (CLASS D) (NO CAP) SHORT SLEEVE SHIRT (NO TIE) DUTY TROUSERS BLACK SHOES DUTY BELT (OPTIONAL) WINTER (CLASS D) (NO CAP) LONG SLEEVE SHIRT & TIE DUTY TROUSERS BLACK SHOES DUTY BELT (OPTIONAL) V-NECK SWEATER (OPTIONAL) NOTE: Uniform is to be assigned by unit/lieutenant platoon commander. In the event of a detail, etc., uniform is to be assigned by the detail commander. Detail personnel will be advised of the uniform when assigned, but will have appropriate uniform available for inclement weather. P.G. 204-03 Uniforms Date Effective: 03-24-00 DUTY UNIFORM UNIFORMS MUST CONFORM WITH EQUIPMENT SECTION SAMPLES POLICE OFFICER CAP Navy blue, black strap and chrome cap device bearing shield number. DUTY JACKET Waist length, navy blue, nylon, with zip-out Thinsulate(r) lining, knit wristlets and waistband, and zip side vents, OR Hip length, navy blue, nylon, with zip-out Thinsulate(r) lining, concealed zipper front, gilt buttons, and zip side vents. Either of these jackets may be worn by ALL uniformed members of the service performing patrol duty in uniform. NYLON WINDBREAKER JACKET Navy blue nylon finger tip length windbreaker type jacket with collar - to be carried by all precinct/police service area anti-crime patrol personnel while performing anti-crime duty and to be worn at police incidents and not worn off duty. Jacket will have six inch (6") high white letters "P" and "D" affixed on front. The letters "NYPD" will be affixed on the rear in four and one-half inch (4 1/2") high white letters. The Department logo (patch) will be affixed to each sleeve. NAMEPLATE Worn on outermost garment, centered 1/4 inch below shield. (Do not wear nameplate on raincoat). Nameplates for police officers are white metal; ranking officers and detectives will wear yellow metal. SHIRT [Rev 1-00] NYPD dark blue, military type, polyester/rayon with appropriate service stripes/hash marks, similar to sample sold at the Equipment Section. Authorized shirts will have a label affixed on the inside of the shirt between the fourth (4th) and fifth (5th) buttons that states: "Approved NYPD, Certification #". TIE Navy blue, breakaway type. TIE CLASP Regulation NYPD. BELT Black leather, 1 1/2 inches wide with gunmetal buckle. DUTY TROUSERS Navy blue, (polyester and wool) with 1/2 inch braid attached. SHOES/SOCKS Black, plain, smooth leather with flat soles and raised heels, or black high gloss shoes, except that material other than leather or high gloss plastic may be used for portion of ankle support shoe that is not visible below the pants leg. In addition, shoes commonly referred to as the "secret sneaker" are also permissible, provided that they generally conform in appearance to the regular duty shoe. These shoes will be on display at the Equipment Section. BLACK LEATHER JOGGING SHOES, SNEAKERS OR SHOES WITH VISIBLE LETTERING ARE NOT AUTHORIZED WEAR. ONLY black socks will be visible when performing duty in uniform. NOTE: Black, high gloss shoes must be worn at occasions that require the dress uniform as directed by the Chief of Department, such as promotions, ceremonies and funerals. However, the regulation uniform shoe may be worn on occasions that require prolonged standing or walking, such as parades and street fairs. Uniformed members of the service assigned to Emergency Service Unit, Highway District, Harbor, Mounted Unit, etc., will wear appropriate footwear when performing duty in work or specialized uniforms. GLOVES Black Leather Spectra-lined; Worn at all times with duty jacket or winter coat, except when impractical, when safety may be jeopardized, or while in Department vehicle. White cotton Worn between 0800 and 1800 hours. NOT to be worn with duty jacket or while carrying baton. Traffic Duty Plain white wool (not required to be worn while performing RMP duty but must be available for use). INCLEMENT WEATHER GEAR Regulation black rubber reflective or reversible black/orange raincoat with reversible black or orange cap cover, hood and leggings. Shield will be fastened on the raincoat over left breast, and cap device on the cap cover. (Wearing of leggings, cap cover, hood, solid black overshoes or solid black rubber boots is optional). DRESS UNIFORM Winter Winter coat (navy blue fingertip length coat with regulation gilt [gold] buttons), uniform shirt and tie, OR Summer Summer blouse (navy blue with regulation gilt [gold] buttons and shoulder straps) worn with regulation uniform shirt and tie, OR blue long-sleeve regulation shirt with tie and tie clasp, when directed. Trousers Navy blue serge with appropriate braid on trouser leg. Shoes Black, high gloss (manufactured by using the poromeric or clarino process) lace type oxford shoes with flat soles and raised rubber heels, black socks. Gloves Black leather/white cotton, as appropriate. Cap Navy blue, black strap, chrome cap device. NOTE: Ranking officers will conform to the dress uniform described above, as appropriate for their rank. Captains and above may wear the optional all weather dress uniform coat in place of the winter coat. The bureau chief concerned will make appropriate seasonal changes in dress uniform. Pregnant uniformed members of the service, who are in their twentieth (20th) week of gestation or earlier, if necessary, will wear business attire and display their IDENTIFICATION CARD (PD416-091) on their outermost garment. Proper business attire will conform with that worn to other official appearances, such as post-arraignment court appearances, professional career interview, etc. DETECTIVE Uniform is the same as required for police officer, EXCEPT: CAP Gilt (gold) cap device (without shield number). SERGEANT Uniform is the same as required for police officer, EXCEPT: CAP Gilt (gold) cap device (without shield number) and gilt (gold) chinstrap. TROUSERS 1 1/4 inch braid attached. SHIRT, LONG SLEEVE [I.O. 2 s 01] Dark blue, long sleeve uniform shirt with epaulettes, chevrons, two patches and appropriate service stripes/hash marks, similar to sample sold at the Equipment Section. Uniform long sleeve shirts may be worn with or without outer garment, when authorized, and will always be worn with regulation tie, tie clasp, and command numerals, as required, on collar. SHIRT, SHORT SLEEVE (OPTIONAL) [I.O. 2 s 01] Dark blue, short sleeve uniform shirt with epaulettes, chevrons, two patches and optional longevity bar, similar to sample sold at the Equipment Section. May be worn in place of long sleeve uniform shirt, when authorized. Command numerals, as required, will be worn on collar. Regulation tie and tie clasp will not be worn with short sleeve shirt and undershirt will not be exposed at the collar. INSIGNIA OF RANK Three (3) pointed chevrons, worn on sleeves of all outer garments except raingear. LIEUTENANT Uniform is the same as required for sergeant EXCEPT: CAP Frame is covered with black mohair braid. INSIGNIA OF RANK Gilt (gold) bar, worn on: a. Shoulders of duty jacket, summer blouse and winter coat. b. Collar of regulation shirt. WINTER COAT Designated as follows: a. Shoulder straps b. 1 1/4 inch black mohair braid on sleeves c. Three (3) gilt (gold) buttons on cuffs. SUMMER BLOUSE Designated as follows: a. 1 1/4 inch black mohair braid on sleeves b. Three (3) gilt (gold) buttons on cuffs. [Rev 1-00] SHIRT, LONG SLEEVE White, long sleeve uniform shirt without chevrons. Miniature insignia of rank will be worn on collar. SHIRT, SHORT SLEEVE (OPTIONAL) White, long sleeve uniform shirt without chevrons. Miniature insignia of rank will be worn on collar. NOTE: When attending meetings, conferences, ceremonies, and similar events, long sleeve uniform shirt and tie and/or summer blouse, as appropriate, will be worn. CAPTAIN Uniform is the same as required for lieutenant, EXCEPT: ALL WEATHER UNIFORM COAT OPTIONAL - Navy blue, double breasted trench coat. Authorized for use by captains and above. Garment must be converted for uniform use by adding insignia on the shoulder straps, two (2) Police Department patches on the upper right and left sleeves, replace the eight (8) buttons with eight (8) large NYPD yellow metal buttons, and add two (2) small yellow metal buttons to the shoulder straps. INSIGNIA OF RANK Two (2) gilt (gold) bars, worn in the same manner as lieutenant's insignia. WINTER BLOUSE OPTIONAL - Navy blue, similar in appearance to the summer blouse; made of heavier material; affords access to service revolver and other items worn on belt; may be used with a zip-in "Thinsulate" lining. [Rev 1-00] NOTE: Captains and above will not affix service stripes/hash marks on their uniforms. DEPUTY INSPECTOR Uniform is the same as required for captain, EXCEPT: INSIGNIA OF RANK Gilt (gold) oak leaf, to be worn with oak leaf stems pointing away from individual wearing them to the left and right. CAP Frame covered with black velvet. INSPECTOR Uniform is same as required for deputy inspector, EXCEPT: INSIGNIA OF RANK Gilt (gold) spread eagle. DEPUTY CHIEF Uniform is same as required for inspector, EXCEPT: INSIGNIA OF RANK One (1) gilt (gold) star worn in the same manner as inspector's insignia. CAP Gilt (gold) spray design on cap visor. UNIFORM COAT Sleeves have two (2) bands of black mohair braid. [I.O. 6 s 04] SUMMER BLOUSE Sleeves have two (2) bands of black mohair braid. ASSISTANT CHIEF Uniform is same as deputy chief, EXCEPT: INSIGNIA OF RANK Two (2) gilt (gold) stars, worn in same manner as deputy chief. BUREAU CHIEFS Chief of Patrol, Chief of Housing, Chief of Transit, Chief of Detectives, Chief of Organized Crime Control, Chief of Personnel and Chief of Internal Affairs. Uniform is same as assistant chief, EXCEPT: INSIGNIA OF RANK Three (3) gilt (gold) stars worn in the same manner as assistant chief's insignia. CHIEF OF DEPARTMENT Uniform is same as required for assistant chief, EXCEPT: INSIGNIA OF RANK Four (4) gilt (gold) stars worn in the same manner as assistant chief's insignia. NOTE: Uniformed members of the service assigned to specialized units, i.e., Mounted, Harbor, Highway, Emergency Service, Aviation, etc., will wear the prescribed duty (work) uniform as approved by the Uniform Committee. P.G. 204-04 Optional Uniform Items Date Effective: 01-01-00 OPTIONAL UNIFORM ITEMS MAY BE WORN AT THE DISCRETION OF UNIFORMED MEMBERS OF THE SERVICE, WHEN AUTHORIZED BY THE BUREAU CHIEF CONCERNED. AMMO POUCHES Twin pocket cartridge case with twelve (12) cartridges only for members armed with revolver as a service weapon. BLOUSE Navy blue, lightweight, tropical worsted conforming to design of regulation summer blouse. Authorized for ranking officers. SUMMER CAP Navy blue, tropical worsted, with lightweight perforated frame, for all uniformed members of the service ONLY during summer months. EAR MUFFS Black, headband type. NAMEPLATE HOLDER Black leather designed to affix shield and nameplate. SHIRT, SHORT SLEEVE Navy blue, affixed with a label located on the inside of the shirt between the fourth (4th) and fifth (5th) buttons that states "Approved N.Y.C.P.D. Certification #." May be worn by uniformed members below the rank of sergeant in place of regulation long sleeve uniform shirt when authorized. Tie may not be worn with this shirt and undershirt MUST NOT be exposed at collar or sleeves. GOLF TYPE SHIRT Navy blue pullover, placket front shirt constructed of one hundred percent (100%) cotton knit cloth; shield patch affixed to the left side of chest; name/shield number patch affixed to the right side of chest; letters "NYPD" printed across the back and PD patches on both sleeves. Authorized for wear by members of the service assigned to the Harbor Unit or to precinct bicycle patrol duty and other members as authorized by the Police Commissioner, as part of the summer uniform. A name/shield patch will be sewn on the right side of each shirt purchased and will be ordered through the Equipment Section. NOTE: The golf shirt will be used as an outer garment when a short sleeve shirt is authorized and is not to be worn with the duty jacket. TROUSERS, SUMMER Navy blue, lightweight, tropical worsted - may be worn by ALL uniformed members of the service. TROUSERS, WINTER Navy blue whipcord - may be worn by ALL uniformed members of the service. [I.O. 47 s 03] NYPD PATROL TACTICAL PANTS NYPD Patrol Tactical Pants may be worn by ALL ranks of uniformed members of the service on patrol, during court appearances and details, and by members permanently or temporarily assigned to headquarters security. NOTE: NYPD Patrol Tactical Pants are not authorized for members of the service performing any assignment other than patrol, i.e. recruit level training, administrative duties (desk, T/S or borough commands) or members assigned to Police Headquarters. Members of the service will also comply with instructions contained in detail notifications regarding the required uniform of the day. TURTLE NECK SHIRT Navy blue pullover turtle neck shirt constructed of plaited rib knit cloth; N.Y.P.D. emblem embroidered on the left side of chest; letters "N.Y.P.D." embroidered on the collar. [I.O. 7 s 03] NOTE: The turtle neck shirt shall not be used may be worn under the duty jacket. It may be worn by members performing duty in uniform. Not to be worn when representing function or when attending administrative meetings. If during member of the service removes the duty jacket, whether due to or other reasons, the regulation shirt and tie shall be worn. as an outer garment but of all ranks when the Department at any the course of a tour a a change of assignment WINTER HAT Black soft vinyl with black mouton trimming for use by ALL uniformed members of the service. To be worn only when temperature is expected to fall below 32 degrees Fahrenheit. [I.O. 7 s 03] COLD WEATHER HOOD Black, made of a thin fabric such as Polar-Tec, silk, micro fiber or fleece, which fits close to the head, fully exposing the face and presents a trim appearance, without bulk, when the uniform hat is worn over it. This hood (known as a "balaclava") is authorized for members of all ranks performing patrol duties outdoors. To be worn only when temperature falls below 40 degrees Fahrenheit. NOTE: Hoods made of bulky yarns or double knits and those styles which cover any part of the nose, cheeks or mouth are prohibited. The authorized hood must be worn along with the uniform hat and will never be the outermost head covering. It will never be worn while riding in a Department vehicle. EYEGLASS SAFETY STRAPS Uniformed members of the service who wear glasses and are assigned to enforcement duty are strongly urged to utilize black eyeglass safety straps. BLACK BOOTS Plain black smooth leather with plain or lugged soles and raised heel. Grommets and laces will be black, and no buckles or hooks will be visible below the pants leg. May be worn by all uniformed members of the service on patrol. NYLON WINDBREAKER JACKETS Navy blue nylon fingertip length windbreaker type jacket, with collar - to be worn by specialized units only at police incidents and not worn off duty. Jacket will have six (6) inch high white letters "PD" affixed on front with small unit logo on left breast. The letters "NYPD" will be affixed on the rear in four and one half (4 ½) inch high white letters and unit designation may be affixed directly beneath in one (1) inch high white letters. Jackets worn by members of the service in the rank of deputy chief and above will have gold lettering instead of white. The Department logo (patch) will be affixed to each sleeve. NOTE: Commanding officers wishing to obtain permission for their members to be allowed to wear approved nylon jackets will prepare a Typed Letterhead, addressed to bureau chief/counterpart, through channels, stating reasons for requiring jackets. BASEBALL CAP Navy blue with white letters "NYPD" embroidered on front, worn by on-duty uniformed members of the service performing duty in civilian clothes. V-NECK SWEATER Navy blue, acrylic or wool, waist length, vertical ribbed weave knit sweater with navy blue poly/cotton twill or cordura patch material over elbows, left breast and epaulets. Gold buttons on pointed epaulets. The Department logo (patch) will be affixed to each sleeve. NOTE: The V-neck sweater may be worn as an outer garment with the regulation tie and uniform shirt with command insignia or insignia of rank on collar of the shirt, as appropriate. Sergeants will wear chevrons on sweater sleeves. Members in the rank of lieutenant or above will also display insignia of rank on epaulets. Metal insignia may be worn on epaulets. Alternatively, epaulets with cloth rank insignia may be worn and will be made available at the Equipment Section. The sweater must be tucked inside the trousers. This sweater is approved for all ranks. P.G. 204-05 Purchase And Inspection Of New Uniforms Date Effective: 01-01-00 PURPOSE To control the quality and workmanship of police uniforms. PROCEDURE Upon ordering uniforms at an authorized tailor: UNIFORMED MEMBER OF THE SERVICE 1. Fill out the following forms: a. CERTIFICATION AND ACCEPTANCE OF ORDER FOR UNIFORMS (PD169-061) b. CERTIFICATION AND ACCEPTANCE OF ORDER - INSPECTION REPORT OF EQUIPMENT SECTION (PD169-062) c. EQUIPMENT SECTION INSPECTION REPORT - MANDATORY PROCUREMENT OF UNIFORM (PD169131). 2. Have the tailor's representative sign forms. 3. Deliver the CERTIFICATION AND ACCEPTANCE OF ORDER FOR UNIFORMS to commanding officer for file. 4. Obtain completed uniform from tailor and bring to Equipment Section for inspection. 5. Obtain EQUIPMENT SECTION INSPECTION REPORT - MANDATORY PROCUREMENT OF UNIFORM form and deliver to commanding officer. COMMANDING OFFICER 6. Compare forms: a. CERTIFICATION AND ACCEPTANCE OF ORDER FOR UNIFORMS, AND b. EQUIPMENT SECTION INSPECTION REPORT - MANDATORY PROCUREMENT OF UNIFORM. 7. Destroy both forms when all ordered uniforms have been inspected. RELATED PROCEDURES Uniform Classifications (P.G. 204-02) Uniforms (P.G. 204-03) FORMS AND REPORTS CERTIFICATION AND ACCEPTANCE OF ORDER FOR UNIFORMS (PD169-061) CERTIFICATION AND ACCEPTANCE OF ORDER - INSPECTION REPORT OF EQUIPMENT SECTION (PD169062) EQUIPMENT SECTION INSPECTION REPORT - MANDATORY PROCUREMENT OF UNIFORM (PD169-131) P.G. 204-06 Purchase Of Used Uniform Date Effective: 01-01-00 Procedure Deleted [Rev 01-01] P.G. 204-07 Lost Or Damaged Uniform Interim Order 44 Issued 09-26-03 Suspends Patrol Guide 204-07 PURPOSE To reimburse uniformed members of the service for uniforms or equipment damaged or lost in the performance of police duty as well as personal clothing or prescription eyeglasses/contact lenses damaged or lost during extraordinary police action (e.g., pursuit or physical altercation with a suspect, rescues, etc.). PROCEDURE When an article of uniform or equipment is damaged or lost in the performance of police duty or personal clothing or prescription eyeglasses/contact lenses are damaged or lost during extraordinary police action: UNIFORMED MEMBER OF THE SERVICE 1. Prepare report on Typed Letterhead, addressed to the Deputy Commissioner, Management and Budget, within thirty (30) days from the date of incident and state: a. How and when loss or damage occurred b. Date of purchase and cost of article (1) Attach copy of receipt if available. 2. Attach statement of witnesses, if any. 3. Ascertain if article can be repaired. a. Obtain copy of estimated cost for repair, OR b. Copy of statement determining that item is damaged beyond repair. 4. Present damaged article, unrepaired, to the commanding officer with report and appropriate documentation from steps 1 through 3 above. NOTE: Report must be signed and submitted within thirty (30) days by member requesting reimbursement, unless member is incapacitated, in which case, supervisory officer will state so in report, sign and submit within thirty (30) days. COMMANDING OFFICER 5. Investigate and endorse report, including: a. Facts are as stated in application. b. Whether damage or loss was incurred in the performance of police duty, or for personal clothing, occurred during an extraordinary police action. c. Statement that damaged article has been inspected by commanding officer. d. Statement that article is repairable or beyond repair. e. Statement that member was authorized to be attired in civilian clothing at the time of incident, if the request involves personal clothing. f. Recommendation to approve or disapprove request. 6. Forward report to Deputy Commissioner, Management and Budget: a. Direct - if cost of repair or replacement is less than $100. b. Through channels - if cost of repair or replacement is $100 or more. C.O., NEXT HIGHER COMMAND (If applicable) 7. Review report. 8. Indicate recommendation to approve/disapprove request. 9. If approved, forward report through channels to Deputy Commissioner, Management and Budget. DEPUTY COMMISSIONER, MANAGEMENT AND BUDGET 10. Review report and recommendations. FOR ITEMS WHICH CANNOT BE PURCHASED AT THE EOUIPMENT SECTION: 11. Forward report to Director, Audits and Accounts Unit. AUDITS AND ACCOUNTS UNIT 12. Review the report for necessary documentation and required approvals. 13. Determine the reimbursement amount to be paid to the member based upon current cost, less depreciation for age or wear. a. Forward a check to the member of the service who initiated the claim. FOR ITEMS SOLD IN THE EQUIPMENT SECTION: DEPUTY COMMISSIONER, MANAGEMENT AND BUDGET 14. Prepare report on Typed Letterhead stating items authorized to be replaced. 15. Forward report as follows: a. Original to member of the service concerned b. Copy to Equipment Section c. Copy to Audits and Accounts Unit d. Copy to Deputy Commissioner, Management and Budget for file. UNIFORMED MEMBER OF THE SERVICE 16. Upon receipt of report authorizing replacement of lost or damaged uniform or equipment, telephone the Equipment Section to determine whether item(s) is in stock. 17. Present report to Equipment Section personnel and obtain replacement item(s). EQUIPMENT SECTION 18. Issue the authorized item(s) to member concerned. 19. Submit a detailed report to the Director, Audits and Accounts Unit of replacement item(s) disbursed for the previous month, by the fifth (5th ) day of the succeeding month. ADDITIONAL DATA All settlements are non-transferable and MUST be executed within one hundred and eighty (180) days of approval by the Deputy Commissioner, Management and Budget. The Department does not reimburse members of the service for loss of, or damage to, personal articles, e.g., jewelry, rings, bracelets, etc., with the exception of watches. While uniformed members of the service performing patrol duty must be equipped with a serviceable watch, such members should be aware that a maximum of $75.00 has been established as a reasonable amount for reimbursement, if the watch is lost or damaged. Uniformed members of the service may require prescription eyeglasses/contact lenses in order to optimally perform their duties. In those instances where prescription eyeglasses/contact lenses are lost or damaged in the performance of extraordinary police duties, members should be aware that a maximum of $100.00 has been established as a reasonable amount for reimbursement. Unformed members authorized to perform duty in civilian clothes who sustain damage to their personal clothing in the furtherance of extraordinary police action should be aware that the following limits (in consideration of depreciation) have been established as reasonable for reimbursement. Jacket/Coat $100.00 Suit Jacket $100.00 Dress $100.00 Dress pants $75.00 Footwear $75.00 Skirt $50.00 Other pants (jeans, shorts, etc.) $45.00 Dress shirt/blouse $40.00 Other shirts (sweat shirt, t-shirt, etc.) $20.00 Other As determined by Audits and Accounts Unit RELATED PROCEDURES Private Vehicles Authorized For Police Use - Involved In An Accident (P.G. 217-01) Required Firearms & Equipment (P.G. 204-09) Private Vehicles - Authorization (A.G. 325-14) FORMS AND REPORTS Typed Letterhead P.G. 204-08 Firearms General Regulations Date Effective: 07-28-00 EQUIPMENT FIREARMS 1. Be armed at all times when in New York City, unless otherwise directed, or except as provided in item 2 below, with: a. Service revolver/pistol or off duty revolver/pistol as specified in P.G. 204-09, "Required Firearms And Equipment." 2. Be unarmed at own discretion while off duty when: a. Possession of firearm, under the circumstances, would unnecessarily create a risk of loss or theft of the firearm, i.e., participation in sporting activities, attendance at beach and pool, etc., OR b. On vacation, OR c. Engaged in authorized off duty employment, OR d. Engaged in any activity of a nature whereby it would be advisable NOT to carry a firearm, OR [REV 3-01] e.There is a likelihood that member will be consuming alcoholic intoxicants. NOTE: In those instances in which an off duty uniformed member is required to carry a firearm, the member concerned MUST CARRY either the regulation service revolver or pistol, or an authorized off duty revolver or pistol. A uniformed member who performs undercover duty and who has been authorized to carry a special weapon (see A.G. 30505, "Authorization for Special Weapons") is permitted to carry the special weapon in lieu of the regulation firearms specified in P.G. 204-09 while off duty. The carrying of these firearms while off duty applies within the City and State of New York and also in those states outside New York State which permit visiting police officers to carry firearms within their state boundaries by virtue of their status as police officers. 3. Record all revolvers and pistols on FORCE RECORD (PD406-143). a. Service revolvers/pistols, and off duty revolvers/pistols must conform to the specifications and standards of the Fire arms and Tactics Section, Police Academy. 4. Do not modify revolvers or pistols without written permission of the Commanding Officer, Firearms and Tactics Section. a. Modifications permitted will be entered on FORCE RECORD. 5. Have service revolvers/pistols, and off duty revolvers/pistols not purchased at the Equipment Section inspected and tested by a Firearms and Tactics Section gunsmith prior to use. 6. Carry handguns (gun collections, etc.), other than service and off duty guns, only while enroute to or from practice range or similar activity. NOTE: When carrying such weapons, member must be armed with an authorized on duty or off duty firearm. The firearm being transported that is not authorized for on duty or off duty use shall be unloaded. 7. Safeguard weapons at all times. 8. Do not store or leave firearm in an unattended motor vehicle. 9. Do not carry firearms in briefcases, handbags, fanny packs, hip packs, tote bags, knapsacks, paper bags or similar devices. 10. Carry firearms, on the person, in an appropriate holster specifically designed to afford maximum protection against loss of weapon. NOTE: All holsters, regardless of type, style, or design (i.e., ankle, shoulder or belt holster) must be specifically designed for the weapon being carried. "One size fits all," "Clip-on," and "belly band" holsters are prohibited. 11. Use only approved Department issued ammunition for use in revolvers/pistols. 12. For members authorized to carry service revolver - Ensure that cylinder is fully loaded with appropriate ammunition. Maintain twelve (12) rounds of ammunition in two (2) speedloaders on duty belt. a. Keep twelve (12) extra rounds of ammunition in locker at primary place of duty or on the duty belt in two (2) ammo pouches. 13. For members authorized to carry 9MM pistol - Ensure that one (1) round of ammunition is in the chamber and fifteen (15) rounds in the magazine at all times. a. Maintain fifteen (15) rounds in each of the two (2) magazines carried on the duty belt. NOTE: Those uniformed members of the service authorized to carry specialized undercover firearms as per A.G. 305-05, "Authorization for Special Weapons," will also ensure that the maximum number of rounds are loaded in each magazine, and that a round is loaded in the chamber of the weapon, as applicable. 14. Comply with P.G. 205-03, "Responsibility For Weapons While Sick," if member expects to go on extended sick leave. 15. Carry ONLY authorized firearms when on duty. a. Permission of commanding officer is required PRIOR to carrying special weapons while performing duty (see A.G. 305-05, "Authorization For Special Weapons"). 16. Do not enter Family Court or Supreme Court Matrimonial Parts while armed if involved, OTHER THAN AS ARRESTING OFFICER OR ON OFFICIAL BUSINESS, in Family Court case or Supreme Court matrimonial case. a. Safeguard firearms at a location other than Family Court or Supreme Court OR if within New York City, the member concerned may elect to deliver firearm to desk officer of precinct in which Family Court or Supreme Court is located. b. Uniformed member of the service present at Family Court or Supreme Court as an arresting officer or on official business will report to the court officer supervisor and sign the Law Enforcement Officer log. P.G. 204-09 Required Firearms/Equipment Date Effective: 07-28-00 REQUIRED EQUIPMENT [Rev 00-3] Lieutenants, sergeants, and police officers performing patrol duty in uniform are required to carry or wear the following equipment, as authorized or indicated: [Rev 00-3] 1. Regulation Service Revolver - Spurless hammer; double action only; .38 calibre, with three (3) or four (4) inch barrel; military (Patridge) sights; matte stainless steel finish; checkered, hardwood grips or authorized rubber grips which do not interfere with the use of speedloaders. The following conform to the above specifications and may be carried by authorized uniformed members as service and off duty weapons: a. Smith & Wesson, Military and Police, model 64 NY-1 (3" or 4" barrel models) b. Ruger - GPNY (3" or 4"" barrel, stainless steel) c. Ruger - Speed Six (3" barrel, stainless steel) d. Ruger - Police Service Six (stainless steel - [discontinued by manufacturer]) NOTE: Uniformed members of the service who possess the revolvers described below may continue to use them as authorized service/off duty revolvers, provided such revolvers were owned by the member prior to July 1, 1987: a. Smith & Wesson, Military and Police, Model 10 (4") b. Colt, Official Police c. Colt, Metropolitan Mark III d. Dan Wesson, Model II Fixed Barrel e. Ruger, Police Service Six f. Smith & Wesson or Colt .38 Special revolver with a 3 " barrel, and military (Patridge) sights. [Rev 00-3] The revolvers listed in this NOTE have a blued or parkerized finish with both double and single action capability, all steel frame (no air weight or alloy), and standard hardwood or authorized rubber grips. [Rev 00-3] 2. Authorized Off Duty Revolver - Spurless hammer; double action only; .38 calibre, with a barrel at least two (2) inches, but not more than four (4) inches in length; military (Patridge) sights; matte stainless steel finish; standard checkered, hardwood grips or authorized rubber grips which do not interfere with the use of speedloaders. The following conform to the above specifications and may be carried by authorized uniformed members as off duty weapons: a. Ruger SPNY, Smith and Wesson Model 640 b. Smith and Wesson 64 NY- 1 NOTE: The Ruger Speed Six, three (3) inch barrel (stainless steel) conforms to the above specifications but is no longer manufactured. Off duty revolvers with frames made of lightweight metals, such as aluminum, aluminum alloy, etc., are not authorized for use by uniformed members of the service. The Smith and Wesson Model 60, and Model 60 NY spurless hammer model are not authorized for off duty use. Uniformed members who possess Smith and Wesson, Colt or Ruger revolvers, with a barrel of at least two (2) inches, but not more than four (4) inches in length, with military (Patridge) sights, may continue to use them as authorized off duty revolvers, provided such revolvers were owned by the member concerned prior to July 1, 1987 or, for former members of the Transit Police Department, prior to April 2, 1995. Uniformed members purchasing new or replacing lost/stolen service or off duty revolvers will purchase the spurless hammer, double action only models as [Rev 00-3] specified in step 1, subdivisions a through d, and step 2, subdivisions a and b. [Rev 00-3] 3. Regulation Service 9MM, Semi-Automatic Pistol - The following conform to the Department's requirements and may be carried by authorized uniformed members as service and off duty weapons: a. Glock -Model 19 b. Smith & Wesson - Model 5946 c. Sig Sauer - Model 226 - (providing such pistols were purchased, or were issued, prior to July 31, 1995). [Rev 00-3] 4. Authorized Off Duty 9MM, Semi-Automatic Pistol - The following conform to the Department's requirements and may be carried by authorized uniformed members as off duty weapons: a. Smith & Wesson 3953TSW b. Smith & Wesson 3914DAO c. Kahr K-9 d. Glock Model 26 e. Beretta 8000 Mini D (must have modified low profile takedown lever). [Rev 00-3] NOTE: An off duty revolver/pistol may be carried in addition to the service revolver/pistol provided only the service revolver/pistol is visible. [Rev 00-3] EQUIPMENT FOR USE WITH SERVICE REVOLVER 5. Regulation Holster - black leather, designed with leather safety lock, in four (4) models: a. Standard for all uniformed members of the service. b. Swivel holster (optional) for uniformed members of the service assigned to duty in Department vehicles. c. Highway Patrol Service Holster - for uniformed members assigned to highway patrol duty (for use with Sam Browne belt). d. Mounted Service Holster - for uniformed members assigned to mounted duty (for use with Sam Browne belt). 6. Two (2) Speedloaders and Pouches - as authorized by the Equipment Section, with twelve (12) cartridges. 7. Belts (Two [2]) - black leather, 1 1/2 inches wide with gunmetal buckle. Equipment belt will cover trouser belt, [Rev 00-3] both to be worn firmly around the waist. [Rev 00-3] EQUIPMENT FOR USE WITH SERVICE 9MM PISTOL 8. Regulation Holster - black leather, designed with safety lock, in eight (8) models: a. Glock, Model 19, right and left handed b. Smith & Wesson, right and left handed c. Sig Sauer, right and left handed d. 9MM holster with flap, right and left handed. 9. Two (2) Magazines and Pouches - as authorized by the Equipment Section, with fifteen (15) cartridges in each. 10. Belts (Two [2]) - (for equipment: black leather, 2 1/4 inches wide with gunmetal buckle); (for trousers: black leather, 1 1/2 inches wide with gunmetal buckle). Equipment belt will cover trouser belt, [Rev 00-3] both to be worn firmly around the waist. [Rev 00-3] 11. Night Sights - ensure "Tritium" night sights are installed. Installation by anyone other than a Firearms and Tactics Section gunsmith is not permissible. Pistols purchased at the Equipment Section on or after September 12, 1994, are already equipped with night sights installed by the manufacturer. The use of night sights by uniformed members authorized to carry 9MM pistols prior to September 12, 1994, is optional. [Rev 00-3] OTHER EQUIPMENT 12. ACTIVITY LOG (PD112-145) with following inserts: a. AUTO IDENTIFICATION (PD371-090) b. COMPILATION OF SPANISH PHRASES (PD167-090) c. INSTRUCTIONS FOR HANDLING MENTALLY ILL OR EMOTIONALLY DISTURBED PERSONS (PD104110) d. DOMESTIC VIOLENCE/VICTIMS OF CRIME (PD154-110) e. CORRUPTION HAZARDS IDENTIFICATION (PD427-011) f. COURTESY, PROFESSIONALISM AND RESPECT (PD439-111) [Rev 02-02] g. STREET ENCOUNTERS-LEGAL ISSUES (PD344-153) [ I.O. 29 s 04] i. h. POSSIBLE INDICATORS OF TERRORIST ACTIVITY (PD378-111) Any other insert, as required. 13. Regulation traffic whistle and belt whistle holder. 14. Regulation handcuffs carried in handcuff case with key available for use. 15. Regulation eleven (11) inch rubber billet with leather thong may be used from 0800 - 1600 hours, unless baton is carried. 16. Baton (Side Handle) - Monadnock Lifetime Products Inc., Model PR-24 STS. a. Carried only by uniformed members of the service trained and qualified by the New York City Police Academy. NOTE: All uniformed members of the service appointed after December 1988 must carry the side handle baton. Carrying of a straight baton by members of the service appointed after December 1988 is unauthorized All uniformed members of the service appointed before December 1988, who are trained and qualified in the use of the straight baton and the side handle baton by the New York City Police Academy, must carry the side handle baton. Carrying of a straight baton by members of the service trained and certified in the use of side handle baton is unauthorized. Members appointed prior to December 1988, who are not trained and qualified in the side handle baton, will carry a straight baton, 24 to 26 inches in length, 1 1/4 inches in thickness; made of locus hickory, white ash or rosewood; attached to a leather thong. Batons are to be carried on all tours, except as directed by commanding officer for 2nd platoon foot patrol. 17. Baton Holder - black leather loop with military strap, to wear on gun belt or Side Handle Baton Holder (black polycarbonate plastic 360 degree swivel, 8 position). 18. Serviceable Flashlight - all tours, not to exceed 12 1/2 inches in length, tubular design (without attachments that alter the size, shape or weight of the device) powered by a maximum of three (3) "D" batteries and a minimum of two (2) "C" batteries. NOTE: Members of the service may elect to carry a secondary flashlight as an adjunct to their primary flashlight. Secondary lights may be either a miniature flashlight or a lantern type flashlight. These secondary lights may be used as a backup for the mandatory flashlight and may be useful in situations such as a search where a lantern can provide greater illumination and longer battery life. Under no circumstances should these lights be considered a substitute for the primary lights which must be carried on all tours regardless of the availability of a secondary flashlight. As an enhancement to visibility, it is recommended that flashlights be powered by alkaline batteries for their durability and be equipped with a krypton bulb for additional brightness. Halogen bulbs are not recommended because they drain batter power too quickly. 19. Serviceable watch properly set. 20. Reflective belt (1600 - 0800). 21. Reflective traffic safety vest. [Rev 01-1] 22. Dual-purpose disorder control/scooter helmet with face shields, as indicated in Patrol Guide procedure 203-05, Performance on Duty - General. 23. Pepper spray device and holder. 24. Keepers (four [4]) - attached to the gun belt and trouser belt regardless of type of weapon carried. [Rev 02-02] 25. Glove pouch - all uniformed members of the service are required to wear a synthetic leather glove pouch on their gun belt. Members on bicycle patrol are required to wear a nylon glove pouch. Both versions of the glove pouch must conform to those available at the Equipment Section. This pouch is designed to hold disposable plastic gloves. [Rev 00-3] ADDITIONAL DATA Uniformed members of the service assigned to civilian clothed enforcement duties are required to have their service 9MM semi-automatic pistol and one (1) extra fully loaded magazine or their service .38 caliber revolver with twelve (12) extra cartridges, handcuffs with key and the "color of the day" head/arm band on their persons. In addition, pepper spray device and holder will be carried by such members as specified in P.G. 212-95, "Use of Pepper Spray Devices." Commanding officers [Rev 00-3] have the authority to allow members of their respective commands to be armed with an authorized off duty weapon, if they believe it is more suitable for a particular assignment. P.G. 204-10 Handgun Purchase Interim Order 49 Issued 12-08-03 Suspends Patrol Guide 204-10 PURPOSE To record the acquisition of handguns by uniformed members of the service. PROCEDURE When buying or acquiring a handgun: PURCHASE FROM NEW YORK CITY HANDGUN LICENSEE UNIFORMED MEMBER OF THE SERVICE 1. Prior to acquiring a handgun from a New York City handgun licensee: a. Prepare Typed Letterhead, in triplicate, addressed to Commanding Officer, License Division requesting permission to acquire handgun and include the following information: (1) Make, caliber, type, model and serial number of handgun. (2) Name, address and age of licensee. (3) Current Handgun License number including date issued and date expires. COMMANDING OFFICER OF MEMBER 2. Endorse Typed Letterhead with recommendation and request status of licensee. 3. Forward original and one (1) copy of Typed Letterhead direct to Commanding Officer, License Division for determination and endorsement. COMMANDING OFFICER, LICENSE DIVISION 4. Conduct record check of licensee. a. If license is valid and clear of suspension or ongoing investigation, advise commanding officer of requesting member, by endorsement, that acquisition may be approved. b. If licensee is currently suspended or under investigation, advise commanding officer of requesting member, by endorsement, that request is denied until such time as licensee is reinstated. UNIFORMED MEMBER OF THE SERVICE 5. Upon notification that record check has been completed and Commanding Officer, License Division, has approved request, requesting member will comply with steps 6 through 18. PURCHASE FROM OTHER THAN EQUIPMENT SECTION UNIFORMED MEMBER OF THE SERVICE 6. Submit copy of bill of sale to desk officer/counterpart of permanent command without delay. 7. Have handgun, which is authorized to be carried in performance of police duty, tested by Department gunsmith except if purchased at Equipment Section. 8. Prepare ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE (PD424-150) and complete sections one (1) through four (4). 9. Deliver form to desk officer/counterpart of permanent command. DESK OFFICER 10. Compare make, model and serial number listed on bill of sale with handgun. 11. Check New York State Police Information Network (NYSPIN) and National Crime Information Center (NCIC) via "FINEST" or Stolen Property Inquiry Section to determine if an alarm for such firearm exists. 12. Make a Command Log entry including member's name, tax registry number, date purchased, purchased from, make, model, caliber and serial number. a. Enter Command Log page number on ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE. 13. Complete Part 5 (Agency Endorsement) of REPORT TO N.Y. STATE POLICE. 14. Give bill of sale and completed REPORT TO N.Y. STATE POLICE to clerical member. CLERICAL MEMBER 15. Make appropriate entries on FORCE RECORD (PD406-143). 16. Deliver REPORT TO N.Y. STATE POLICE to commanding officer. 17. File bill of sale, member's copy of REPORT TO N.Y. STATE POLICE (second copy), gunsmith authorization approval form, if applicable, and reply from Commanding Officer, License Division, if applicable, in member's personal folder. COMMANDING OFFICER 18. Forward first copy of REPORT TO N.Y. STATE POLICE to Firearms and Tactics Section. PURCHASE OF FIREARMS FROM EQUIPMENT SECTION EQUIPMENT SECTION MEMBER 19. Have ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE prepared. 20. Have purchasing member sign report (Section 4 - Certification). COMMANDING OFFICER, EQUIPMENT SECTION 21. Complete Part 5 (Agency Endorsement) of REPORT TO N.Y. STATE POLICE. 22. Forward copies as indicated on form: a. First copy to Firearms and Tactics Section. b. Second copy to member's commanding officer along with copy of bill of sale. COMMANDING OFFICER OF MEMBER 23. Have entry made on FORCE RECORD and Command Log entry made including member's name, tax registry number, date purchased, purchased from, make, model, caliber, and serial number upon receipt of REPORT TO N.Y. STATE POLICE and bill of sale from Equipment Section. CLERICAL MEMBER 24. File REPORT TO N.Y. STATE POLICE and bill of sale in member's personal folder. ADDITIONAL DATA A routine request for information concerning handguns belonging to a uniformed member of the service will be directed to the member's permanent command. The Police Academy, Firearms and Tactics Section, will supply information on a twenty-four (24) hour basis concerning the firearms of a unformed member of the service to an investigating supervisor in an emergency if the permanent command of the member is closed, OR during an investigation, if a telephone inquiry to the member 's command may compromise an investigation. If a handgun comes into the possession of a uniformed member of the service and the owner of the firearm is unknown, a request for the identity of the owner will be directed to the Stolen Property Inquiry Section. Failure by a uniformed member of the service to report an acquisition or disposition of a firearm to this Department within ten (10) days of such transaction is a Class "A" Misdemeanor under Penal Law Section 400.00, subdivision 12c. Handgun purchases effected under the authority of a Class I Federal Firearms License or New York State Dealer in Firearms License DO NOT exempt a member of the service from filing ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE for those firearms possessed outside the scope of the dealer in firearms license. RELATED PROCEDURES Selling - Disposing Of Handguns To Another Uniformed Member Of The Service Or To A Licensed Handgun Dealer In New York State (P.G. 204-13) Disposal Of Handgun To Handgun Licensee (P.G. 204-14) FORMS AND REPORTS ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y STATE POLICE (PD424-150) FORCE RECORD (PD406-143) P.G. 204-11 Pistol Magazine Purchases Date Effective: 01-01-00 PURPOSE To make the Department aware of pistol magazine purchases by uniformed members of the service and provide an inspection capability through a review of members' Personal Folders, Command Communication Records and in most instances, Equipment Section files. PROCEDURE When a uniformed member of the service finds it necessary to purchase a magazine for an authorized service pistol: UNIFORMED MEMBER OF THE SERVICE 1. Prepare a written report to Commanding Officer including reason for the purchase (magazine lost, defective, etc.). COMMANDING OFFICER 2. Endorse the request and have a copy placed in the concerned member's Personal Folder. UNIFORMED MEMBER OF THE SERVICE 3. Present original endorsed report to the Commanding Officer, Equipment Section. COMMANDING OFFICER, EQUIPMENT SECTION 4. File the report, chronologically, in a Command File. ADDITIONAL DATA Should a uniformed member of the service elect to purchase a magazine directly from a manufacturer, the member's commanding officer will include in the endorsement a request to the manufacturer that the magazine be sent to the member's command and not his/her residence. P.G. 204-12 Repair/Replacement Of Authorized Firearms Date Effective: 01-01-00 PURPOSE To borrow a service pistol, revolver, or repair authorized firearms. PROCEDURE When a service pistol or revolver is stolen, lost, requires repair, is held as evidence by a court, District Attorney or safeguarded by the Property Clerk: TO OBTAIN REPLACEMENT SERVICE PISTOL OR REVOLVER: UNIFORMED MEMBER OF THE SERVICE 1. Notify commanding officer of facts. COMMANDING OFFICER 2. Direct preparation of two (2) copies of report, on Typed Letterhead, addressed to Commanding Officer, Firearms and Tactics Section outlining facts and requesting that the member concerned be loaned a service pistol or revolver. UNIFORMED MEMBER OF THE SERVICE 3. Deliver report to officer in charge, Firearms and Tactics Section on weekdays, 0730 to 1530 hours, Outdoor Range, Rodman's Neck. 4. Report to commanding officer make, model and serial number of pistol or revolver obtained from Firearms and Tactics Section. 5. Have entry of above data made on member's FORCE RECORD (PD406-143). UNIFORMED MEMBER OF THE SERVICE 6. Deliver borrowed pistol or revolver to Firearms and Tactics Section when service pistol or revolver is returned or repaired. a. Obtain receipt for borrowed pistol or revolver from Firearms and Tactics Section and deliver to commanding officer. COMMANDING OFFICER 7. Have entry made on member's FORCE RECORD indicating return of borrowed pistol or revolver to Firearms and Tactics Section and file receipt in member's Personal Folder. ADDITIONAL DATA Department procedures prohibit modification of a service/off duty pistol or revolver or an authorized firearm without the prior permission of the Commanding Officer, Firearms and Tactics Section. Firearms that become defective in any manner, including water saturation, will be delivered to the Department gunsmith at Outdoor Range, Rodman's Neck for repair/inspection prior to use. Under some conditions, uniformed members of the service may find it necessary to have service/off duty pistols or revolvers or authorized firearms repaired by the manufacturer or a licensed gunsmith for repairs that the Department gunsmith is unable to make. If the service pistol or revolver requires repair, uniformed member of the service will obtain a replacement service pistol or revolver at the Firearms and Tactics Section by complying with the procedure above. In addition, if a member's service/off duty pistol, revolver, or authorized firearm is repaired by other than the Department gunsmith, such firearm must be inspected by the Department gunsmith prior to being carried on or off duty. RELATED PROCEDURES Firearms - General Regulations (P.G. 204-08) Required Firearms & Equipment (P.G. 204-09) Lost/Stolen Firearms, Shields, Identification Cards (P.G. 219-21) FORMS AND REPORTS FORCE RECORD (PD406-143) Typed Letterhead P.G. 204-13 Selling/Disposing Of Handguns To Another Uniformed Member Of The Service Or A Licensed Handgun Dealer In New York State Interim Order 50 Issued 12-08-03 Suspends Patrol Guide 204-13 PURPOSE To record handgun transactions. PROCEDURE When a uniformed member of the service sells or otherwise disposes of a handgun to another uniformed member of the service or to a licensed firearms dealer located in New York State: UNIFORMED MEMBER OF THE SERVICE 1. Notify desk officer/counterpart of permanent command without delay and submit copy of bill of sale indicating: a. Identity of purchaser including: (1) Tax registry number and command if uniformed member of the service, OR (2) License number if firearms dealer. b. Complete description of firearm including serial number. 2. Prepare ACQUISITIONS OR DISPOSITIONS OF FIREARMS BY POLICE OFFICER - REPORT TO N.Y. STATE POLICE (PD424-150) and complete sections one (1) through four (4). 3. Deliver form to desk officer/counterpart of permanent command. DESK OFFICER 4. Notify commanding officer. 5. Check REPORT TO N.Y. STATE POLICE and bill of sale for accuracy and deliver to commanding officer. COMMANDING OFFICER 6. Review REPORT TO N.Y. STATE POLICE and complete Part 5 (Agency Endorsement). 7. Give REPORT TO N.Y. STATE POLICE and bill of sale to clerical member. CLERICAL MEMBER 8. Make entry on rear of FORCE RECORD (PD406-143) indicating date of disposal. 9. File member's copy (second copy) of REPORT TO N.Y. STATE POLICE with bill of sale in member's personal folder. 10. Distribute first copy of REPORT TO N.Y. STATE POLICE to Firearms and Tactics Section. ADDITIONAL DATA Unformed members of the service are also permitted to dispose of handguns to holders of handgun licenses issued by this Department. Handgun purchases effected under the authority of a Class I Federal Firearms License or New York State Dealer in Firearms License DO NOT exempt a member of the service from filing ACQUISITIONS OR DISPOSITIONS OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE for those firearms possessed outside the scope of the dealer in firearms license. Since November 1, 1994, the Equipment Section has issued 9mm service weapons to uniformed members of the service. Since Police Department funds have been used to purchase and/or make reimbursements for the 9mm weapons that are the subject of this program, the Department retains the right to repossess and permanently retain these weapons under certain circumstances as follows: a. When a recruit officer or probationary police officer resigns or is terminated from the Department OR b. When any other member of the service resigns or is terminated from the Department under less than honorable conditions, as determined by the Chief of Department. Weapons in the above categories will be vouchered for safekeeping with the following statement in the "Remarks" section of the PROPERTY CLERK'S INVOICE (PD521- 141): WEAPON IS NOT TO BE RELEASED WITHOUT WRITTEN AUTHORIZATION OF THE CHIEF OF DEPARTMENT The Commanding Officer, Property Clerk Division will forward a report to the Chief of Department for any 9mm service weapon vouchered from a recruit or probationary police officer who resigns or who may be terminated, and from other officers who resigned or terminated employment under less than honorable conditions. a. Chief of Department will notify the Property Clerk Division to forward to the Outdoor Range the 9mm service weapon vouchered from recruit officers and probationary officers. b. Chief of Department will determine and then notify the Property Clerk Division whether the 9mm service weapons vouchered from other officers, who resigned or terminated employment under less than honorable conditions, are to revert back to the Department, and sent to the Outdoor Range, or released to the member concerned. RELATED PROCEDURES Handgun Purchase (P.G. 204-10) Disposal of Handgun to Handgun Licensee (P.G. 204-14) FORMS AND REPORTS ACQUISITIONS OR DISPOSITIONS OF FIREARMS BY POLICE OFFICER - REPORT TO N.Y. STATE POLICE (PD424-150) P.G. 204-14 Disposal Of Handgun To Handgun Licensee Interim Order 51 Issued 12-08-03 Suspends Patrol Guide 204-14 PURPOSE To authorize a uniformed member of the service to dispose of a handgun to a New York City Handgun Licensee, ONLY. PROCEDURE When a uniformed member of the service wants to sell, give away, etc., a handgun to a person who has been granted a handgun license by this Department: UNIFORMED MEMBER OF THE SERVICE 1. Prepare three (3) copies of Typed Letterhead, addressed to Commanding Officer, License Division, requesting permission to dispose of firearm including the following information: a. Make, caliber, type, model and serial number of handgun which is subject of application b. Service handgun: make, caliber, type, model and serial number c. All other handguns: make, type, model, serial number d. Handguns transferred on previous occasions: dates, to whom sold including address, make, caliber, type, model and serial numbers e. Has seller valid right to dispose of handgun? (Yes or No) f. Name, address, age and sex of licensee g. Present handgun license number and date issued h. Reasons handgun licensee wants to obtain handgun. COMMANDING OFFICER OF MEMBER 2. Endorse application with recommendation. 3. Forward original and one copy of application, direct, to Commanding Officer, License Division, for final decision and endorsement. UNIFORMED MEMBER OF THE SERVICE 4. Comply with decision of Commanding Officer, License Division. 5. Comply with P.G. 204-13, "Selling/Disposing Of Handguns To Another Uniformed Member Of The Service Or To A Licensed Handgun Dealer In New York State", if transaction approved. ADDITIONAL DATA Since November 1, 1994, the Equipment Section has issued 9mm service weapons to uniformed members of the service. Since Police Department funds have been used to purchase and/or make reimbursements for the 9mm weapons that are the subject of this program, the Department retains the right to reprocess and permanently retain these weapons under certain circumstances as follows: a. When a recruit officer or probationary police officer resigns or is terminated from the Department OR b. When any other member of the service resigns or is terminated from the Department under less than honorable conditions, as determined by the Chief of Department. Weapons in the above categories will be vouchered for safekeeping with the following statement in the "Remarks" section of the PROPERTY CLERK'S INVOICE (PD521-141): WEAPON IS NOT TO BE RELEASED WITHOUT WRITTEN AUTHORIZATION OF THE CHIEF OF DEPARTMENT The Commanding Officer, Property Clerk Division will forward a report to the Chief of Department for any 9mm service weapon vouchered from a recruit or probationary police officer who resigns or who may be terminated, and from other officers who resigned or terminated employment under less than honorable conditions. a. Chief of Department will notify the Property Clerk Division to forward to the Outdoor Range the 9mm service weapon vouchered from recruit officers and probationary officers. b. Chief of Department will determine and then notify the Property Clerk Division whether the 9mm service weapons vouchered from other officers, who resigned or terminated employment under less than honorable conditions, are to revert back to the Department, and sent to the Outdoor Range, or released to the member concerned. RELATED PROCEDURES Handgun Purchase (P.G. 204-10) Selling/Disposing Of Handgun To Another Uniformed Member Of The Service Or To A Licensed Handgun Dealer In New York State (P.G. 204-13) FORMS AND REPORTS Typed Letterhead P.G. 204-15 Shields/Nameplates/Identification Cards Date Effective: 01-01-00 UNIFORMED MEMBER OF THE SERVICE 1. Wear shield at all times while in uniform on the outermost garment except if outermost garment has sewn shield patch, i.e., golf type shirt, etc. 2. Wear nameplate 1/4 inch below and centered under shield on outermost garment. a. DO NOT wear nameplate on raincoat. 3. Carry shield and IDENTIFICATION CARD (PD 416-091) at all times when not in uniform and present both when necessary to establish identification. NOTE: Uniformed members utilizing the option of not carrying firearms off duty as described in P.G. 204-08, "Firearms - General Regulations," may also elect not to carry their shield. 4. Display shield on the outermost garment when wearing civilian clothes at the scene of an emergency. 5. Present shield and IDENTIFICATION CARD, when wearing either uniform or civilian clothes, when delivering or withdrawing evidence from Property Clerk Division or whenever obtaining Department property, (i.e., vehicles, radios, etc.) for temporary use from another command. NOTE: If necessary, the command in possession of the Department property will telephone the command requesting the loan of property to verify the officer(s) present at their command were sent for this equipment. A Command Log or an appropriate Department record entry will be made indicating rank, name and shield number of member conferred with. 6. Display IDENTIFICATION CARD prominently on outermost garment when wearing civilian clothes in any Department facility. P.G. 204-16 Emblems, Insignia And Breast Bars Date Effective: 03-24-00 GRAPHIC OF UNIFORMS SHOWING LOCATION OF PATCHES, EMBLEMS, ETC. (Figure 1) (Figure 2) [I.O. 34 s 03] (Figure 3) DEPARTMENT AND COMMAND EMBLEMS (SHOULDER PATCHES) 1. The Department logo will be worn on both left and right sleeves of all regulation uniform garments except the turtleneck shirt and raingear. 2. Uniformed members of the service assigned to Aviation, Emergency Service, Harbor, Mounted, Scuba, Patrol Borough Task Force, or Highway District units shall continue to display the Department emblem on the right sleeve only and their command emblem on the left shoulder. 3. Uniformed members of the service assigned to the Communications Division and the Traffic Control Division will display their authorized command emblem on the left sleeve 1/2 inch beneath the Department emblem except: sergeants assigned to this unit shall continue to display the Department emblem on the right sleeve only and their command emblem on the left sleeve (centered midway between the crest of the chevrons and the top of the sleeve). COLLAR INSIGNA AND COMMAND DESIGNATIONS 1. Wear ONLY yellow metal command insignia (except commands authorized to wear cloth insignia [white lettering] on work uniforms). 2. Sergeants, uniformed detectives, and police officers will wear appropriate insignia on both sides of collar of BOTH inner and outer garments, except raingear (i.e., insignia will be worn on the collar of a regulation long sleeve shirt, if worn, as well as the duty jacket). SERVICE STRIPES/HASH MARKS 1. Each stripe represents five (5) years of service. [Rev 1-00] 2. Service stripes/hash marks are to be affixed to all outer garments, except short sleeve shirts, leather and raingear, of lieutenants, sergeants, detectives and police officers (left sleeve only). NOTE: Sewing through the leather and raingear would damage the leather or jeopardize the integrity of the waterproofing. 3. The lower tip of the bottom stripe is 4 inches from the bottom of the sleeve. not include elastic cuff, duty jackets etc., in measurement). Police officers, (Do detectives and sergeants will remove the service mohair braid, from both sleeves, if worn, from the summer blouse/winter coat. [Rev 1-00] 4. The service stripes/hash marks for uniformed members of the service in the rank of lieutenants, sergeant, detective and police officer shall be the same blue/white colors as sergeant's chevrons. Uniformed members of the service in the rank lieutenants, sergeant, detective and police officer assigned to Mounted Unit and the Police Academy, Firearms and Tactics Section in khaki range uniforms, shall wear service stripes/hash marks the same yellow/white colors as the Mounted Unit sergeant's chevrons. 5. Service stripes/hash marks may be worn six (6) months prior to the five (5) year period represented, if the wearer so desires. BREAST BARS/PINS PRECINCT, POLICE SERVICE AREA, TRANSIT DISTRICT COMMANDING OFFICER RECOGNITION PIN The PRECINCT, POLICE SERVICE AREA, TRANSIT DISTRICT COMMANDING OFFICER RECOGNITION PIN, with designated precinct, police service area, transit district numerals displayed, will be worn above the right breast pocket of the outermost garment by the commanding officer when performing duty in uniform. If another bar (e.g. Medal of Honor breast bar or longevity service bar) is worn, the Commanding Officer Recognition Pin will be worn above. BREAST BARS Department Medal of Honor (Figure 4) NOTE: A second award of this medal is identified by a gold leaf placed in the center of the bar. The Department Medal of Honor breast bar, at the discretion of the recipient, may be worn over the right breast uniform pocket. When so worn, all other bars will be displayed on the left side, above the member's shield. If uniform has no breast pockets, all bars will be worn on the left, above the shield. Police Combat Cross (Figure 5) NOTE: A second award of this medal is identified by a gold leaf placed in the center of the bar. Medal For Valor (Figure 6) NOTE: A second award of this medal is identified by a gold leaf placed in the center of the bar. Police Purple Shield Medal (Figure 7) NOTE: The Police Purple Shield Medal will be awarded to those uniformed members of the service who have suffered extremely serious physical injury, or death, or permanent disfigurement, protracted or permanent impairment of health as determined by the Honor Board. The Police Purple Shield Medal breast bar, at the discretion of the recipient, may be worn over the right breast uniform pocket. When so worn, all other bars will be displayed on the left side, above member's shield. If uniform has no breast pockets, all bars will be worn on the left, above the shield. Honorable Mention (Silver Star) Exceptional Merit (Light Green Start) Commendation (Bronze Star) Commendation - Community Service (Light Blue Star) (Figure 8) NOTE: 1st Award 2nd Award (same type) 2nd Award (different types) 3rd Award (same type) 3rd Award (different types) green, lowest in blue area. Appropriate Appropriate Appropriate Appropriate Appropriate star in white area stars in green and blue areas stars, highest in green area stars in green, white and blue areas stars, highest in white, next highest in Upon receipt of a fourth award, a second bar will be worn with appropriate star(s) affixed. If fourth award duplicates any of the previous three, the duplication will be reflected on the second bar. The Medal For Valor bar (dark blue) is worn by recipient of Organizational Medal for Valor/Merit. The Commendation - Community Service bar is worn by recipient of Line Organization Community Service Medal Meritorious Police Duty (Figure 9) Excellent Police Duty (Figure 10) [I.O. 34-1 s 03] NOTE: Only one breast bar in the grade of Meritorious Police Duty or Excellent Police Duty may be worn at one time, however, members who have been awarded Meritorious Police Duty or Excellent Police Duty numbering more than 25, 30, 40, 50 or 60 are authorized to wear an additional breast bar. One breast bar will be number 25, 30, 40, 50 or 60 and when combined with the number indicated on the second bar will designate the total number of awards received in that category. not authorized to wear more than two bars. Members are Unit Citation (Figure 11) [I.O. 34 s 03] NOTE: Designated members of the service may wear a Unit Citation. The Unit Citation breast bar will be left bare to indicate the receipt of a single Unit Citation. The receipt of additional Unit Citations will be indicated by the number "2", "3", etc. on the bar. The Unit Citation breast bar may be worn during entire police career regardless of subsequent assignments within the Department. The Unit Citation breast bar is worn above the shield and immediately below individual recognition awards. (Eligible civilian members may wear the Unit Citation lapel pin). [Rev 00-4] TWA Flight 800 Recovery Operation Commemorative Breast Bar (Figure 12) Those uniformed members of the service who have participated in the TWA Flight 800 Recovery Operation received a Flight 800 breast bar. The Flight 800 breast bar is to be worn above shield, immediately below Unit Citation, if worn, or below individual recognition awards. Puerto Rico Response Bar (Figure 13) NOTE: All uniformed members of the service, who participated in the Puerto Rico Rescue Mission from September 22, 1989 through September 29, 1989, are authorized to wear the Puerto Rico Response Bar. The Puerto Rico Response Bar is to be worn above shield, immediately below Unit Citation, if worn, or below individual recognition awards. Longevity Bar (Figure 16) [Rev 1-00] NOTE: The longevity bar must be worn by uniformed members of the service authorized to wear the regulation short sleeve shirt. The bar will be worn over the right breast pocket. If the Department Medal of Honor breast bar is worn on the right side, the longevity bar will be worn over the shield. Captains and above will wear the longevity bar over the right breast pocket of all outer garments except raingear and leather. If there is no right breast pocket on the outer garment, the longevity bar will be worn over the shield (as indicated under ADDITIONAL DATA). Emergency Medical Technician Pin NOTE: All uniformed members of the service who have been trained and certified or re-certified by this Department are authorized to wear the Emergency Medical Technician Pin. The pin is worn 1/4 inch above the shield or breast bars. American Flag Breast Bar (Figure 17) [I.O. 33 s 01] Firearms Proficiency Breast Bar (Figure 18) A uniformed member of the service who receives a perfect score of one hundred(100) percent during semi-annual re-qualification or during the Police Academy basic firearms training course, is authorized to wear the Firearms Proficiency breast bar. Members will be issued a breast bar by Firearms and Tactics Section personnel subsequent to such firearms qualification, indicating proficiency in the use of their weapon. Firearms proficiency breast bar will be worn directly over the shield and below all other breast bars. Only one (1) Firearms Proficiency breast bar may be worn regardless of the number received. If member fails to attain the required score at subsequent qualification cycle, the breast bar must be removed. No promotional points will be granted for such Department recognition. ADDITIONAL DATA [I.O. 32 s 02] The American Flag breast bar may be worn and is the only emblem authorized. The cloth American Flag emblem, the Flag "pin" and any other specialty pins such as those depicting the American Flag along with fraternal organization insignia or flags of other nations are not authorized and will not be worn. The American Flag breast bar may be worn 1/4 inch above the center of the shield or breast bars. If worn, it will be the top most bar above the shield. A breast bar is horizontally centered 1/4 inch above the center of the shield, when authorized. Additional bars, awards, or wings, when authorized, are worn with 1/4 inch space between each award. Members of the service qualified to wear a shooting award or designation will place it 1/4 inch above the shield. Aviation Unit members qualified as pilots and/or air crew are authorized to wear appropriate metal breast wings and will place them 1/4 inch above the shield. Members of the service qualified to rappel from Department aircraft may wear rappel wings placed 1/4 inch above the shield. Wings may be worn during entire police career regardless of subsequent assignments within the Department. Nameplates are to be centered 1/4 inch below the shield. White Metal - Police officers Yellow Metal - Ranking officers and detectives. ORGANIZATION OF BREAST BARS (Left Side) U.S. FLAG BAR or EMT and Flag Pin DEPARTMENT MEDAL OF HONOR POLICE COMBAT CROSS MEDAL FOR VALOR POLICE PURPLE SHIELD MEDAL HONORABLE MENTION (Silver Star) EXCEPTIONAL MERIT (Light Green Star) COMMENDATION (Bronze Star) COMMENDATION - COMMUNITY SERVICE (Light Blue Star) MERITORIOUS POLICE DUTY EXCELLENT POLICE DUTY UNIT CITATION [REV 00-04] TWA FLIGHT 800 RECOVERY OPERATION COMMEMORATIVE BREAST BAR PUERTO RICO RESPONSE BAR 150th ANNIVERSARY BAR STATUE OF LIBERTY BAR LONGEVITY BAR/FIREARMS INSTRUCTOR/[I.O. 33 s 01] FIREARMS PROFICIENCY BREAST BAR RIFLE EXPERT AVIATION WINGS RAPPEL WINGS SHIELD NAME PLATE ORGANIZATION OF BREAST BARS (Right Side) PRECINCT/POLICE SERVICE AREA/TRANSIT DISTRICT COMMANDING OFFICER RECOGNITION PIN DEPARTMENT MEDAL OF HONOR LONGEVITY BAR The Police Purple Shield Medal breast bar, at the discretion of the recipient, may be worn over the right breast uniform pocket. When so worn, all other bars will be displayed on the left side, above uniformed member's shield. ORGANIZATION OF BREAST BARS (GRAPHIC) (Figure 19) Uniformed members of the service who have earned Departmental recognition from the Transit or Housing Police Departments, must purchase and display an existing New York City Police Department breast bar that is awarded for actions equivalent to that honored by the former department. Uniformed members of the service, having earned recognition from their former department, will convert their awards to the following New York City Police Department equivalents: FORMER TRANSIT POLICE DEPARTMENT MEMBERS: Transit Police Department * Medal of Honor * Combat Cross * Exceptional Duty Medal * Distinguished Duty Medal * Honorable Mention * Meritorious Police Duty New York City Police Department * Medal of Honor * Combat Cross * Medal For Valor * Commendation * Meritorious Police Duty * Excellent Police Duty FORMER HOUSING POLICE DEPARTMENT MEMBERS: Housing Police Department * Authority Medal of Honor * Police Combat Cross * Authority Medal of Exceptional Merit * Authority Commendation * Meritorious Police Duty * Excellent Police Duty New York City Police Department * Medal of Honor * Combat Cross * Exceptional Merit * Commendation * Meritorious Police Duty * Excellent Police Duty P.G. 204-17 Morning Bands REVISION: 00 - 04 Date Effective: 09-22-00 UNIFORMED MEMBER OF THE SERVICE 1. May wear black elastic mourning band, 1/2 inch wide, on the shield, covering the seal of the city, but leaving the shield number or rank designation visible, upon the death of a member. 2. Wear band, regardless of rank of the deceased as follows: a. Active member of the service - line of duty death (1) Members of his or her command - from time of death until 2400 hours on the tenth day after his or her death (2) Other members - from the time of death until 2400 hours on the day of the funeral b. Active member of the service - not line of duty (1) Members of his or her command - from 0001 hours until 2400 hours on the day of the funeral (2) Other members - while attending funeral services c. Retired members of the service - while attending funeral services. d. Police Memorial Day (1) MANDATORY for all members of the service attending the Headquarters ceremony in uniform. (2) OPTIONAL for all uniformed members of the service between 0001 hours and 2400 hours. e. National Peace Officers' Memorial Day (1) OPTIONAL for all uniformed members of the service between 0001 and 2400 hours on May 15th annually. P.G. 204-18 Protective Vests Date Effective: 10-29-04 UNIFORMED MEMBER OF THE SERVICE 1. MUST wear a protective vest, outside a Department facility, when: a. Performing duty in uniform b. Performing enforcement duty in civilian clothes. NOTE: Uniformed members of the service performing duty in uniform outside a Department facility may be exempted from wearing a protective vest by their respective Bureau Chief or Deputy Commissioner only. Uniformed members of the service performing enforcement duty in civilian clothes outside a Department facility may be exempted from wearing a protective vest by the member's immediate supervisor if, in the opinion of the supervisor, the wearing of the protective vest would interfere with or be inappropriate for the member's specific duty or assignment. 2. MUST contact the Police Academy Vest Unit at (212) 477-9700 prior to purchasing any vest other than the models available through the New York City Police Department contract. a. MUST present vest to designated Vest Unit personnel, after purchase, for inspection and approval prior to use, including vests purchased privately through the New York City Police Department contract. 3. MUST wear one (1) of the following protective vests: a. A bullet resistant vest containing four (4) panels consisting of two (2) 10-layer Kevlar ballistic panels in the front and two (2) 10-layer Kevlar ballistic panels in the rear of the vest carrier; or b. A bullet resistant vest, identified on the ballistic panel as "N.Y.P.D. Model 28," containing four (4) panels consisting of two (2) 14-layer Kevlar/Spectra (eight [8] layers of Kevlar and six [6] layers of Spectra Shield) ballistic panels in the front and two (2) 14-layer Kevlar/Spectra (eight [8] layers of Kevlar and six [6] layers of Spectra Shield) ballistic panels in the rear of the vest carrier; or c. A bullet resistant vest which requires one (1) panel in the front and one (1) panel in the rear and is certified by the National Institute of Justice (N.I.J.) as Threat Level Type II protection on the panel certification label; or d. Any bullet resistant vest that provides protection which is certified by the National Institute of Justice and exceeds Threat Level II, e.g., Type III or Type IIIa. RELATED PROCEDURE Protective Vest - Use/Maintenance and Reserve Supply (P.G. 204-19) P.G. 204-19 Protective Vest - Use/Maintenance And Reserve Supply Date Effective: 10-29-04 PURPOSE To provide instructions on how to obtain a loan vest from a reserve supply and the proper maintenance and care of protective vests. SCOPE Members of the service are required to maintain, store and properly care for bullet resistant vests either owned by them or issued to them by this Department. Members will be guided by the use and care instructions contained in the ADDITIONAL DATA statement of this procedure, as well as any specific instructions provided by the manufacturer of the vest. NOTE: Members are advised to inspect their Department issued or personally owned vests regularly. Any concerns relative to fit or serviceability should be brought to the attention of the member's supervisor. The supervisor concerned will confer with the commanding officer and, if needed, direct member to report to the Police Academy Vest Unit for inspection of the vest. PROCEDURE When a member of the service is issued or purchases a protective vest: UNIFORMED MEMBER OF THE SERVICE 1. Wear protective vest as required by Patrol Guide procedure 204-18, "Protective Vests." 2. Properly care for and maintain protective vest possessed. a. Do not modify vest or carrier. 3. Inspect vest regularly for signs of wear or lack of serviceability. a. Notify immediate supervisor if vest is perceived to be unserviceable. NOTE: When a protective vest appears to be damaged, frayed, worn, or has excessive curling or creasing, it shall be brought to the attention of the member's supervisor, who will inspect the protective vest, confer with the Police Academy Vest Unit for guidance, notify the member's commanding officer and direct member to present the vest, along with a report on Typed Letterhead, to the Police Academy Vest Unit. SUPERVISOR CONCERNED 4. Inspect vest. 5. Confer with Police Academy Vest Unit for guidance. 6. Notify commanding officer and direct member to present vest along with a report on Typed Letterhead to the Police Academy Vest Unit for inspection if concerns about serviceability exist. WHEN A UNIFORMED MEMBER OF THE SERVICE REQUESTS A PROTECTIVE VEST FROM THE RESERVE SUPPLY STORED AT EACH PATROL BOROUGH COMMAND: DESK OFFICER 7. Direct uniformed member of the service that requires a protective vest from the reserve supply to contact the patrol borough command concerned. When a reserve supply is not present at a patrol borough command, uniformed members of the service will be directed to contact the Police Academy Vest Unit to obtain a reserve vest. NOTE: Members of the service assigned to Housing, Transit, or any other bureau will contact the patrol borough located in the area of assignment to obtain a loan vest from the reserve supply. Uniformed members of the service must wear a protective vest outside a Department facility when performing duty in uniform and when performing enforcement duty in civilian clothes. For further guidelines regarding the wearing of protective vests see P.G. 204-18, "Protective Vests." PATROL BOROUGH/POLICE ACADEMY MEMBER CONCERNED 8. Make entry in command log indicating date/time out, tour, rank, name, shield, command, vest serial number, date/time returned, and remarks, each time a reserve vest is utilized. NOTE: Utilize last page of command log for a list of serial numbers and sizes of all reserve vests assigned to command. REQUESTING MEMBER 9. Return vest upon completion of tour, or as directed by competent authority. a. If retained for more than one tour, member will launder carrier prior to returning the loaner vest to the Police Academy Vest Unit or patrol borough command. COMMANDING OFFICER/PATROL BOROUGH/POLICE ACADEMY 10. When needed, have arrangements made for laundering of vest carriers in other circumstances in accordance with A.G. 316-24, "Expense Bills". a. Expenditures for laundering will be funded from contingency expense funds or on credit basis with local vendor, as appropriate. ADDITIONAL DATA When a uniformed member of the service is struck by a bullet on the protective vest and is apparently uninjured, he/she must be examined by a doctor to ascertain if blunt body trauma or internal injury has occurred. When a protective vest is struck by a bullet or sharp instrument it shall be brought to the Police Academy Vest Unit for inspection along with an official report describing the circumstances before being worn by any member of the service. A protective vest should not be worn when soaking wet since water may act as a lubricant permitting a projectile to penetrate. Uniformed members of the service will make every effort to prevent vests from getting soaking wet during rainstorms or in situations where member may enter water, i.e., rescue attempts, etc. When a uniformed member of the service is properly fitted for a protective vest in the standing position, the front and rear panels should just meet, and no excessive gaps should exist. From a seated position, there should be no excessive gap between the bottom edge of the vest and the duty belt. The opening of the armor must not ride up into the wearer's neck. Whenever a uniformed member of the service is issued a new protective vest, they will sign a fit certification report attesting to the fact that the protective vest fits properly at the time of issuance. Uniformed members of the service will still retain the right to return the protective vest for a two-day period after receiving it. The following instructions should be complied with when putting on a protective vest: a. Some type of undergarment should be worn under the vest to protect it from absorbing perspiration and body oils. b. Protective vests should be worn under uniform shirt or civilian attire if in plain clothes. c. Take a deep breath and expand the chest cavity. straps. d. Do not pull the Velcro straps too tight. comfort. Hold breath while closing Velcro Leave a little room for ventilation and e. Side panels should just meet if the vest is properly worn. should exist. No excessive gaps Bullet resistant vests should be cared for as outlined in the instructions provided with the vest, with particular attention to the following points: a. When possible, the vest should be stored flat, with the ballistic panels smoothed out. b. In the event that flat storage of vests is impractical, vests should be hung with a clip type hanger, alternating the direction of hanging at regular intervals. That is, vests should be hung right side up, then upside down, alternately. When utilizing a clip type hanger, the clip must be affixed to both the carrier and the ballistic panel. This will reduce the possibility of curling and prevent the stretching of the elastic straps. c. The vest should never be stored long term in a vehicle, particularly in the trunk of a vehicle due to temperature extremes. d. The vest should never be stored where any abrasive surface could degrade either the carrier or the ballistic panel. e. The vest should be stored out of sunlight, which can fade the carrier and possibly damage the ballistic material. f. When putting on or taking off the vest, exercise care not to crush the ballistic panel excessively. The Velcro fasteners must be opened and the vest should be put on and taken off over the head. Uniformed members of the service are reminded to follow the washing instructions attached to the label of the protective vest, especially the following: a. Remove ballistic filler inserts from the front and back of outer-shell vest (carrier) PRIOR TO WASHING OUTER SHELL. b. DO NOT USE BLEACH on ballistic panels c. DO NOT MACHINE WASH ballistic panels. d. Make certain outer-shell carrier is completely dry before inserting ballistic panels. e. Ballistic panels should be washed using a low sudsing detergent and a damp sponge. f. Protective vests shall not be submerged in water. g. Ballistic panels should not be dried in sunlight or a dryer. on a flat surface and allowed to dry in a cool dark place. They should be put h. Outer shell Velcro straps should be secured prior to washing. Protective vests that become worn or damaged due to negligence in care or storage, ill fitting due to a member of the service's weight gain or loss, or lost due to a member's negligence, shall be replaced by member concerned using annual uniform allowance funds. When vests are lost or damaged in the performance of duty, follow P.G. 204-07, "Lost or Damaged Uniform." RELATED PROCEDURES Optional Uniform Items (P.G. 204-04) Protective Vests (P.G. 204-18) Firearms Discharged by Members of the Service or Assaults on Police Officers (P.G. 212-29) Line of Duty Injury or Death Occurring Within City (P.G. 205-05) Lost or Damaged Uniform (P.G. 204-07) Inspection of Uniforms (A.G. 305-06) Expense Bills (A.G. 316-24) Force Record (A.G. 322-18) P.G. 204-20 Dual Purpose Disorder Control/Scooter Helmets - Replacement Parts Date Effective: 01-01-00 PURPOSE To replace parts of a Dual Purpose Disorder Control/Scooter Helmet. PROCEDURE When necessary to replace a part of a Dual Purpose Disorder Control/Scooter Helmet. U.M.O.S. 1. Bring helmet and damaged part(s) to commanding officer/designee. COMMANDING OFFICER/DESIGNEE 2. Examine helmet and damaged part(s). 3. Ascertain details regarding damaged part(s). 4. Take appropriate action (e.g. Command Discipline) if inquiry reveals that the circumstances causing damage to the helmet or parts were due to individual carelessness, misuse or abuse. 5. Prepare two (2) copies of request on Typed Letterhead to Commanding Officer, Quartermaster Section including: a. Circumstances leading to damage b. Whether damage caused by carelessness, misuse or abuse c. Corrective action taken, if appropriate. 6. Forward original request and REQUEST FOR SUPPLIES (PD561-160) with damaged part(s) to borough equipment coordinator. a. File duplicate request at command. BOROUGH EQUIPMENT COORDINATOR 7. Review request(s) and prepare a consolidated REQUEST FOR SUPPLIES. 8. Forward request(s) and REQUEST FOR SUPPLIES to Quartermaster Section. NOTE: In case emergency replacement is required, telephone the Quartermaster Section at (718) 476-7567, (Monday to Friday, 0800 to 1600 hours, except holidays) and be guided by their instructions. QUARTERMASTER SECTION 9. Issue replacement part(s) as available. a. Retain original copy of typed request, original and duplicate of REQUEST FOR SUPPLIES and damaged part(s). b. Return triplicate of REQUEST FOR SUPPLIES to borough equipment coordinator as receipt. BOROUGH EQUIPMENT COORDINATOR 10. Deliver part(s) and receipt to requesting command(s). COMMANDING OFFICER/DESIGNEE 11. Ensure replacement part(s) issued to requesting member of the service. 12. File REQUEST FOR SUPPLIES as per instructions on form. ADDITIONAL DATA Helmet inspections, with verification of shield numbers, will be the subject of the semi-annual inspection conducted during the months of May and November. FORMS AND REPORTS REQUEST FOR SUPPLIES (PD561-160) Personnel Matters P.G. 205-01 Reporting Sick Date Effective: 01-01-00 PURPOSE To notify the Department when a member is unable to perform duty due to illness, injury or any other physical condition. NOTE: It is not necessary to report sick to request a limited capacity assignment from a district surgeon. DEFINITION ADMINISTRATIVE RETURN - a sick excusal for one (1) tour, which does not require a visit to a district surgeon. A request for Administrative Return must be made at least two (2) hours prior to the start of the tour for which the leave will be granted. A uniformed member of the service must report for duty on the next scheduled tour following the administrative excusal. However, if the sickness continues into the next day, the uniformed member of the service may request a second (2nd) Administrative Return at least two (2) hours prior to the next scheduled tour. The first (1st) and second (2nd) Administrative Returns will count as one (1) sick incident. Administrative Return is NOT authorized for: a. Injuries b. Line of duty injuries or illness c. Uniformed member of the service designated Chronic Absent - Category B d. Dental problems e. Major illness f. When, in the judgment of the supervisor, it is inappropriate. PROCEDURE When sickness, injury or any other physical condition prevents the performance of duty: UNIFORMED MEMBER OF THE SERVICE 1. Report sick, by telephone, in person, or by competent messenger, at least two (2) hours before the start of a scheduled tour, unless disability occurs during such period, as follows: a. Members assigned to commands under the jurisdiction of the Patrol Services Bureau and the borough Court Section will report sick to supervisory officer at assigned command. If command is closed, report when command reopens, unless immediate medical attention is necessary. In such case report to Medical Division, Sick Desk (718) 7607600 through 7605. b. Members assigned to other commands report sick directly to Medical Division Sick Desk. NOTE: If reporting sick within two (2) hours of commencement of tour, notify assigned command before notifying Sick Desk. In all cases the member of the service concerned will immediately, after reporting sick, notify his assigned command and supply the sick serial number. If the command is closed, the member of the service will make notification when command reopens. 2. Have a responsible person make telephone call if unable to call. 3. Inform member to whom reporting sick of any pending arraignment, or scheduled appearance in court, the Trial Room or other government agency. 4. Remain at residence or other authorized location unless permission to leave is granted by surgeon or Sick Desk supervisor. 5. Advise Sick Desk and district surgeon of any change of address/location or telephone number. a. Obtain name of Sick Desk supervisor and time notified. SUPERVISOR ACCEPTING SICK REPORT 6. Make return telephone call to verify that member is at stated location. a. Desk officer/supervisor shall record such verification on SICK REPORT (PD429122). NOTE: If member not at stated location, notification of same shall be made to Sick Desk supervisor at (718) 760-7606 for referral to Absence Control Unit. 7. Notify Medical Division, when: a. Member confined within City requests visit because of urgent need for medical attention OR, b. Member is suspected of malingering. 8. Notify borough Court Section concerned if sick member is unable to appear for pending arraignment. ADMINISTRATIVE RETURN FROM SICK LEAVE (SEE DEFINITION): DESK OFFICER/SUPERVISOR, PATROL SERVICED COMMANDS/BOROUGH COURT SECTION 9. Offer uniformed member of the service an Administrative Return from sick, in case of minor non-line of duty illness, if qualified. a. Advise member concerned: (1) That each administrative excusal is for one (1) tour. (2) To comply with step 4 for each administrative excusal. SUPERVISORY OFFICER, OTHER THAN PATROL SERVICED COMMANDS 10. Telephone member who has reported sick through the Sick Desk and offer Administrative Return as soon as practicable after receipt of FINEST or telephone message indicating member has reported sick. a. Do not telephone between 2100 and 0900 hours, follow provisions of step six (6). SUPERVISOR OFFERING ADMIN. RETURN 11. Notify Sick Desk that member has accepted Administrative Return. 12. Indicate on pertinent records that member has accepted Administrative Return. 13. Prepare SICK REPORT. a. Indicate if member has accepted Administrative Return. MEMBER ON ADMIN. RETURN 14. Notify command and Sick Desk at least two (2) hours before scheduled return to duty if unable to report due to continuation of illness. SUPERVISORY MEMBER 15. Direct member on Administrative Return who is unable to report for duty as scheduled to visit district surgeon at next office hours. 16. Notify Sick Desk to cancel Administrative Return. NOTE: Member will continue on sick report (this counts as one [1] sick time). SICK DESK MEMBER 17. Notify the permanent and temporary commands of member reporting sick. a. Have notification made by FINEST, if possible. b. Inform member's command of scheduled appearances in court, Trial Room or other government agency. c. Obtain name of supervisor notified if notification is made by telephone. SUPERVISOR RECEIVING SICK REPORT 18. Telephone information on SICK REPORT to Sick Desk and obtain serial number for entry on SICK REPORT. a. SICK REPORT will be kept at command and placed in member's personal folder when member returns to duty. 19. Record information in SICK LOG (PD429-143) from FINEST Message. 20. Make entry in Command Diary of any scheduled court appearance or other agency appearance, under date of scheduled appearance AND under date two (2) days prior to appearance date (exclusive of Saturday, Sunday or holidays). 21. Make appropriate entry on pertinent roll calls and notify relieving desk officer if member is scheduled to perform duty with either of the next two (2) platoons. REPORTING TO DEPARTMENT SURGEON: UNIFORMED MEMBER OF THE SERVICE 22. Report to assigned district surgeon at next regular office hours if ineligible for, or declining, administrative return, EXCEPT: a. Member designated Chronic Absent, Category B, will report to the Medical Division, Special Medical District, 1 Lefrak City, 16th Floor, Corona, New York 11368. b. Member reporting sick on Friday or Saturday will report to Medical Division, 1 Lefrak City, 16th Floor, Corona, New York 11368, at 1000 hours the following day. c. Member unable to travel will remain at place of confinement and phone assigned district surgeon or "weekend" surgeon during next office hours. d. Member with dental problems will report to Medical Division, 1 Lefrak City, 16th Floor, Corona, New York 11368, Monday through Friday, 0700 to 1300 hours. NOTE: When a member reporting sick informs the Sick Desk of inability to visit the surgeon, the Sick Desk supervisor will direct the sick member to notify the member's commanding officer of the fact. The commanding officer will make an entry on ABSENCE AND TARDINESS RECORD (PD433-145) under caption "Investigation-Interview" concerning the interview and probable date of visit to surgeon. When a member reports sick to assigned command, the supervisor accepting the sick report shall make required entries. Uniformed members of the service are NOT to bring their children to the District Surgeon's Office, out of consideration of the fact that children and uniformed members of the service present in the waiting room can be susceptible to illness. COMMANDING OFFICER 23. Telephone member's district surgeon, in all cases, if member has been on sick report for five (5) workdays, ascertain estimated date of return, and enter information on ABSENCE AND TARDINESS RECORD. PRINCIPAL ADMIN. ASSOCIATE IN PRECINCT/OPERATIONS COORDINATOR 24. Telephone district surgeon to determine if member is capable of appearing at scheduled court appearance when member remains on sick report two (2) days prior to such scheduled appearance. 25. Notify member to appear if district surgeon approves and telephone Sick Desk of surgeon's determination. ROLL CALL CLERK 26. Notify Criminal Court, Trial Room or other government agency and request adjournment, two (2) days before appearance date, if member unable to appear. NOTE: If member reports sick on a scheduled appearance date, make immediate notification to court or other agency concerned. 27. Notify the court, if other than a Criminal Court, on the morning of the appearance date if the member is unable to appear. 28. Enter notifications to district surgeons, courts, etc., regarding scheduled appearances of members on sick leave in Telephone Record. NOTE: A uniformed member on sick report whose condition changes after being directed to appear in court or before another agency thereby preventing a scheduled appearance, will notify the roll call clerk or desk officer/supervisor, as appropriate. The roll call clerk/desk officer/supervisor will make required notifications. UPON BEING DIRECTED TO RETURN TO DUTY BY A DEPARTMENT SURGEON: UNIFORMED MEMBER OF THE SERVICE 29. Immediately notify desk officer, by telephone, of time and date to report for duty. a. Include limitations, if any, on type of duty to be performed. NOTE: A member of the service assigned to other than a patrol command shall notify a supervisory officer assigned to the command at the first available opportunity. The supervisory officer will document the notification as provided for by the commanding officer. 30. Report for duty when ordered. 31. Deliver SICK REPORT RETURN (PD429-131) and/or ASSIGNMENT TO LIMITED CAPACITY (PD406-050) to desk officer/supervisor upon return to duty. DESK OFFICER/SUPERVISOR 32. Make entry indicating member's return to duty: a. In command Telephone Record upon receipt of telephone notification. b. On other command records upon receipt of FINEST Message. NOTE: Verify return of duty with Sick Desk supervisor, if FINEST Message has not been received and member has reported for duty. ADDITIONAL DATA Uniformed members of the service, who have not been classified as chronic absent, or who have not been referred for supervision, and who have any of the following medical conditions, as per the police surgeon's diagnosis, will NOT be the subject of routine supervisory visits or telephone calls: a. Heart condition b. Broken limbs c. Post surgical convalescence d. Illnesses diagnosed by police surgeons as likely to be of a duration in excess of six (6) months, after conferral with Chief Surgeon e. Pregnancy. A uniformed member of the service on sick leave in any of the above categories may be given a sixteen (16) hour pass. However, should the district surgeon determine that issuance of such a pass would adversely affect the member's health or impede the member's recovery, such pass may be reduced accordingly. Once the pass is issued, it shall not be revoked unless the member: a. Engages in activities which would tend to prolong or aggravate the disability b. Fails to cooperate with a surgeon or the Commanding Officer, Medical Division c. Fails to comply with orders or directions or violates any provision of the Patrol Guide relative to sick leave abuse. A uniformed member of the service whose medical condition is NOT listed in paragraph 1, subdivisions "a" through "e" above, may also be granted permission to leave his residence while on sick report for a period of time as determined by the district surgeon. Prior to granting such permission, the surgeon must certify that: a. The member is unable to perform in a restricted duty status b. It will not adversely affect the member's health c. It will not prolong or impede the member's return to duty. The permission granted may be revoked at any time by the Commanding officer, Medical Division, or designee, upon appropriate notice to the member and the district surgeon concerned. In case of serious need or emergency, a uniformed member may request permission to leave his residence at a time other than that specified by the district surgeon. Such request should be directed to the Sick Desk supervisor. In addition, requests to leave residence to obtain medical services, food, household necessities or church attendance, voting, etc., are routinely granted by the Sick Desk supervisor at times other than that specified by the district surgeon. Permission to leave residence should be denied or revoked only if a violation of the guidelines takes place or if activities requested would hinder recovery. The Sick Desk shall notify the district surgeon at the next office hours, when such permission is granted, to ensure that leaving residence is not inconsistent with the member's medical condition and/or had not previously been denied by the surgeon. District surgeons are responsible for notifying the Chief Surgeon and Commanding Officer, Medical Division, of the identities of members granted: a. Non-supervisory privileges b. Permission to leave his/her residence on specific dates and times which will be indicated on PERMISSION TO LEAVE RESIDENCE WHILE ON SICK REPORT (PD429-051), a copy of which will be given to the sick member. A uniformed member of the service on sick leave may not leave the confines of the City or residence counties without the approval of the Chief of Personnel. Request for such permission is made through the member's district surgeon on ABSENCE FROM CITY WHILE ON SICK LEAVE (PD429-161). Members will be contacted on a weekly basis by their district surgeon during absence from residence counties. A uniformed member of the service on terminal leave may not be placed on sick report unless sickness or injury is the result of line of duty action while on terminal leave. Uniformed members of the service will not be permitted to report sick with a selfclaimed diagnosis of "old line of duty" for his or her absence. Designation of "old line of duty" for a specific sick event will be granted only upon examination and interview of the requesting member by a district surgeon. This will in no way hinder a member's ability to report sick. It merely places the determination, and subsequent approval or disapproval of "old line of duty" designation, within the purview of a medical specialist. It is the policy of this Department that uniformed members of the service will not be considered for promotion from civil service lists or granted credit for investigatory time unless they are on full duty status. Exceptions to this policy may be made in certain cases where members are on less than full duty status. Specifically, any member with a medical condition that has caused removal from full duty status, prior to the time of promotion, and the medical condition is known to be of limited duration or has a high probability of being of limited duration, will be considered for promotion. The Supervising Chief Surgeon will determine the medical status. The Chief of Personnel shall make the final determination on whether a member of the service will be promoted, subject to the Police Commissioner's approval. RELATED PROCEDURES Pregnancy Leave For Uniformed Members Of The Service (P.G. 205-27) Absence Control (A.G. 318-12) Chronic Absence Control Program (A.G. 318-13) FORMS AND REPORTS ABSENCE FROM CITY WHILE ON SICK LEAVE (PD429-161) ABSENCE AND TARDINESS RECORD (PD433-145) ASSIGNMENT TO LIMITED CAPACITY (PD406-050) PERMISSION TO LEAVE RESIDENCE WHILE ON SICK REPORT (PD429-051) SICK LOG (PD429-143) SICK REPORT (PD429-122) SICK REPORT RETURN (PD429-131) P.G. 205-02 Reporting Sick From Outside City And Outside Residence Counties Date Effective: 01-01-00 PURPOSE To report an injury or sick outside the city and outside residence counties. DEFINITION RESIDENCE COUNTIES - The six (6) counties outside New York City where uniformed members of the service are permitted to live, i.e., Nassau, Suffolk, Westchester, Rockland, Orange and Putnam. PROCEDURE Upon becoming sick or injured outside the city or residence counties to an extent that would prevent the proper performance of duty: UNIFORMED MEMBER OF THE SERVICE 1. Phone Medical Division - Sick Desk, (718) 760-7600 or send telegram to Commanding Officer, Medical Division, 59-17 Junction Boulevard, 16th Floor (1 Lefrak City Plaza), Corona, New York 11368. 2. Give the following information: a. Name, rank, and shield number, permanent and temporary command, if any b. Present location and telephone number c. Nature of disability d. Name, address, and telephone number of attending physician e. Date of probable return to duty f. Scheduled appearances in court, trial room or before other government agencies. 3. Obtain letter from attending physician describing disability and prognosis. a. Send letter to the Commanding Officer, Medical Division. 4. Comply with instructions received from the C.O., Medical Division. a. Visit Medical Division or district surgeon as required. UPON BEING DIRECTED TO RETURN TO DUTY BY A DEPARTMENT SURGEON: UNIFORMED MEMBER OF THE SERVICE 5. Notify command by telephone of effective time and date of order to report for duty. a. Include limitations, if any, on type of duty to be performed. 6. Report for duty when ordered. 7. Deliver SICK REPORT RETURN (PD429-131) to desk officer, upon return to duty. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Pregnancy Leave For Uniformed Members of the Service (P.G. 205-27) Absence Control (A.G. 318-12) Chronic Absence Control Program (A.G. 318-13) FORMS AND REPORTS SICK REPORT RETURN (PD429-131) P.G. 205-03 Responsibility For Weapons While Sick Date Effective: 01-01-00 PURPOSE To safeguard member's weapons, shield and IDENTIFICATION CARD (PD416-091) while on sick report. PROCEDURE While on sick report: UNIFORMED MEMBER OF THE SERVICE 1. Safeguard pistols, revolvers, shield and identification card. 2. Deliver to desk officer of resident precinct when unable to safeguard. a. If unable to deliver, notify desk officer of permanent command. DESK OFFICER 3. Check FORCE RECORD (PD406-143) to determine firearms to be safeguarded. 4. Determine the location and length of time property to be safeguarded. 5. Notify desk officer of a specified precinct to assign a supervising officer to the location to obtain property. a. Precinct designated will be determined by location of property. SUPERVISING OFFICER, DESIGNATED PRECINCT 6. Visit location and obtain property. 7. Prepare one (1) copy of PROPERTY CLERK'S INVOICE (PD521-141) for firearms obtained. a. Mark INVOICE "Property of Sick Member, Held for Safekeeping Only." 8. Deliver all property to desk officer with copy of PROPERTY CLERK'S INVOICE. 9. Make ACTIVITY LOG (PD 112-145) entry of facts. COMMAND CLERK 10. Prepare PROPERTY CLERK'S INVOICE for weapons being safeguarded. 11. Prepare two (2) copies of report on Typed Letterhead indicating circumstances, numbers on shield and identification card being safeguarded, if items removed from uniformed member of the service. DESK OFFICER 12. Make Command Log entry of facts. 13. Store property at command, if safeguarding required less than one week. 14. Forward firearms to Property Clerk borough office with PROPERTY CLERK'S INVOICE after one (1) week. 15. Forward shield and identification card with report on Typed Letterhead to Identification Card and Shield Unit after one (1) week. COMMAND CLERK 16. Prepare copies of authorization to obtain property for Property Clerk and Identification Card and Shield Unit when member capable of caring for property. DESK OFFICER 17. Sign authorization and deliver to member's command. UNIFORMED MEMBER OF THE SERVICE 18. Pick up property at command where stored. 19. Sign bottom of authorization as receipt for property. FORMS AND REPORTS ACTIVITY LOG (PD 112-145) FORCE RECORD (PD406-143) PROPERTY CLERK'S INVOICE (PD521-141) P.G. 205-04 Department Ambulance Service Date Effective: 01-01-00 PURPOSE To provide ambulance service, oxygen therapy and/or medical appliances under certain circumstances. ELIGIBILITY Uniformed members of the service, active and retired, and members of their immediate families. PROCEDURE When Department ambulance service, oxygen therapy and/or medical appliances are required. UNIFORMED MEMBER OF THE SERVICE 1. Telephone Emergency Medical Squad, Emergency Service Unit. 2. Advise dispatcher of service required. NOTE: Emotionally disturbed persons or cases in which an airborne contagious disease is diagnosed or suspected are not to be transported in Department Ambulance. EMERGENCY MEDICAL SQUAD DISPATCHER 3. Notify Special Operations Division if vehicle is to respond to location outside New York City. 4. Make required Log entries. ADDITIONAL DATA Ambulance service, oxygen therapy and/or medical appliances, including hospital beds, wheelchairs, walkerettes, etc., are available Monday through Friday, from 0630 to 2300 hours. Ambulance service is available at other times, if sufficient notice is given. In emergency cases where oxygen therapy is already in place, Emergency Service Units can provide oxygen bottles until such time as the Emergency Medical Squad can provide a replacement. Emergency Medical Squad vehicles will respond to locations within New York City or a 250 mile radius, without prior approval, providing that one point of trip is within the confines of New York City. a. Any variations of the above must be approved by the Commanding Officer, Emergency Medical Squad or the Director of the Police Relief Fund. P.G. 205-05 Line Of Duty Injury Or Death Occurring Within City Date Effective: 01-01-00 PURPOSE To report and record line of duty injuries and deaths occurring within the city. DEFINITION INVESTIGATING SUPERVISOR - As used in this procedure will be as follows: a. The platoon commander, precinct of occurrence, if available, will act as the investigating supervisor and will complete parts "A" and "B" of the LINE OF DUTY INJURY REPORT (PD429-154). b. If platoon commander is unavailable, a patrol supervisor, precinct of occurrence, will act as the investigating supervisor and will complete part "B" of the LINE OF DUTY INJURY REPORT. The desk officer will designate a second supervisor, assigned to the precinct of occurrence to prepare part "A" of the REPORT. If a second supervisor is unavailable, the desk officer will prepare part "A" of the REPORT. Only the platoon commander, precinct of occurrence, may prepare both parts "A" and "B" of a LINE OF DUTY INJURY REPORT. In addition, if the injured member is assigned to other than a precinct command, or the Police Academy, a supervising officer of such member's command, if available, will perform the tasks of the investigating supervisor. If the injured member dies or is likely to die, the precinct commander/duty captain will be the investigating supervisor. PROCEDURE Upon receiving an injury in the performance of police duty, whether on or off duty, or arriving at a location where a uniformed member of the service is injured: UNIFORMED MEMBER OF THE SERVICE 1. Request patrol supervisor to respond. 2. Notify desk officer of: a. Circumstances of injury b. Names and addresses of witnesses c. Whether reporting sick. 3. Request witnesses to await arrival of supervisor. 4. Remain at scene unless: a. Hospitalization or medical attention is required b. Further police action is necessary. DESK OFFICER 5. Notify the investigating supervisor, as indicated in the above "DEFINITION." 6. Notify injured member's command if member is not assigned to precinct of occurrence. 7. Notify precinct commander or duty captain if member dies or is likely to die. 8. Notify borough commander and Operations Unit if member dies. 9. Immediately notify the Sick Desk supervisor (718) 760-7606) or Sick Desk ([718] 760-7600) when any of the following conditions, relating to a line of duty injury exist: a. Where the incident causing the injury was NOT specifically witnessed, AND b. Injury occurred within any police facility (building, office, etc.), OR c. Injury occurred in the immediate vicinity of any police facility (parking lot, perimeter sidewalk, etc.), OR d. Injury occurred during the first two (2) hours of a tour. e. Any request for line of duty injury designation by an off-duty uniformed member of the service. NOTE: See Additional Data for hospital guidelines regarding members seriously injured or killed in line of duty. PATROL SUPERVISOR 10. Respond to scene. 11. Request desk officer to designate a second supervisor, precinct of occurrence, to complete part "A" of LINE OF DUTY IN JURY REPORT. a. If a second supervisor is unavailable, the desk officer will complete part "A" of the REPORT. DESIGNATED SUPERVISOR 12. Complete part "A" of LINE OF DUTY INJURY REPORT. INVESTIGATING SUPERVISOR 13. Interview injured member and investigate circumstances. 14. Make initial report to desk officer without delay. [I.O. 33 s 04] 15. Notify the Operations Unit promptly, if the member of the service injured requires hospital treatment. a. An additional notification to the Operations Unit is also required before final reports are prepared to update Operations of the status of the injured member of the service. NOTE: This notification is in addition to, and does not preclude the requirement for other notifications to Operations as indicated elsewhere in this procedure. 16. Interview witnesses and request them to prepare and sign WITNESS STATEMENT INJURY TO MEMBER OF THE DEPARTMENT (PD429-065). 17. Complete part "B" of LINE OF DUTY INJURY REPORT. 18. Prepare Police Accident Report (MV104AN), if vehicle accident involved. 19. Direct injured member, or if he is incapacitated assign a member, to prepare an AIDED REPORT (PD304-152) if a vehicle is not involved. 20. Instruct injured member to complete part "C" of LINE OF DUTY INJURY REPORT if member requests line of duty designation of injury. NOTE: Part "C" of LINE OF DUTY INJURY REPORT will be completed by precinct commander/duty captain if injured member is unable to do so. 21. Deliver completed reports to desk officer. DESK OFFICER 22. Obtain Sick Desk control number whether injured member reports sick or not. 23. Make entry on SICK LOG (PD429-143) if injured member reports sick. 24. Photocopy LINE OF DUTY INJURY REPORT and forward direct to Medical Division, attention Line of Duty Desk. 25. Immediately deliver completed LINE OF DUTY INJURY REPORT and WITNESS STATEMENT INJURY TO MEMBER OF THE DEPARTMENT to precinct commander/duty captain. 26. Forward AIDED REPORT or Police Accident Report in normal manner: a. Forward copy of reports to injured member's command if not assigned to precinct of occurrence b. Have copies of reports forwarded to Police Pension Fund if member is killed in the line of duty or seriously injured and likely to die. PRECINCT COMMANDING OFFICER, DUTY CAPTAIN 27. Review LINE OF DUTY INJURY REPORT and WITNESS STATEMENT-INJURY TO MEMBER OF THE DEPARTMENT, indicate approval or disapproval, and sign. a. If disapproved, indicate reason on rear of original LINE OF DUTY INJURY REPORT. NOTE: See Additional Data for further information regarding line of duty designations by Medical Division. 28. Prepare a comprehensive report on Typed Letterhead addressed to the Commanding Officer, Medical Division detailing the circumstances of the injury when the injured member of the service is a Probationary Police Officer. 29. Prepare unusual occurrence report for line of duty death or serious injury and likely to die and forward as indicated in P.G. 212-09, "Unusual Occurrence Reports". 30. Forward LINE OF DUTY INJURY REPORT per directions on form with WITNESS STATEMENT INJURY TO MEMBER OF THE DEPARTMENT and comprehensive report on Typed Letterhead, if applicable, attached. a. Have copies of these reports forwarded to Police Pension Fund if line of duty death or serious injury and likely to die. 31. Comply with the pertinent provisions of the Trauma Counseling Program as indicated in P.G. 205-08, "Trauma Counseling Program". ADDITIONAL DATA When a member of the service is treated at a hospital for a line of duty injury, the following information, ONLY, is to be entered in hospital records pertaining to address and telephone number of injured member: * Police Department, City of New York, Medical Division, 1 Lefrak City Plaza, 59-17 Junction Boulevard, Corona, New York 11368, Room 1524; telephone number (718) 7607573, Monday - Friday, 0900-1700 hours; (718) 760-7600, all other hours. Member's command, home address and telephone number will not be disclosed to hospital authorities or anyone else unless authorized supervisory officer determines requesting person is entitled to the information. When a uniformed member of the service is struck by a bullet on a protective vest and is apparently uninjured, the member must be examined by a doctor to ascertain if a blunt body trauma or internal injury has occurred. When an injured member is hospitalized or dies, the patrol supervisor will ensure that firearms, Department property (shield, identification card, nameplate, etc.), and personal effects of member are removed and safeguarded. Medical Division will make final determination of APPROVAL/DISAPPROVAL of ALL applications for line of duty injury/illness designation and will notify the commanding officer of member concerned of final designation. Uniformed members of the service may request verification of the final designation from the commanding officer. NOTE: Retired uniformed members of the service may request verification of the final designation, in writing, to the Medical Division, 1 Lefrak City Plaza, 59-17 Junction Boulevard, Corona, New York. HOSPITAL GUIDELINES REGARDING UNIFORMED MEMBERS OF THE SERVICE SERIOUSLY INJURED OR KILLED IN THE LINE OF DUTY: When a uniformed member of the service is seriously injured or killed in the line of duty, the Operations Unit will notify the following members of the service to respond to the hospital: a. Police Commissioner b. First Deputy Commissioner (if Police Commissioner is not available) c. Chief of Department d. Chief of Detectives (to supervise investigation) e. Bureau chief of the injured or deceased member f. Deputy Commissioner-Public Information g. Supervising Chief Surgeon h. Department Chaplain i. Commanding Officer, Employee Relations Section j. Lieutenant-Employee Relations Section, borough concerned k. Patrol borough commanding officer l. Patrol borough executive officer (if borough commanding officer is not available) m. Duty inspector (to supervise and control access to emergency room and adjacent areas by responding members of the service n. Patrol borough operations commander (if duty inspector not available) o. Commanding officer/duty captain (will prepare the Unusual Occurrence Report) p. Detective borough commander q. Detective assigned to investigate the case r. Crime Scene Unit detective or technician s. Policewomen's Endowment Association representative if a female police officer is the victim t. Line organization representative The following members of the service will be permitted to speak to the injured member or view the body of the deceased member: a. Police Commissioner b. First Deputy Commissioner c. Chief of Department d. Bureau chief concerned e. Patrol borough commanding officer (or representative) f. Detective assigned to the case g. Crime Scene Unit detective or technician h. Union representative i. Policewomen's Endowment Association representative if a female police officer is the victim j. Department Chaplain The hospital guidelines also apply to uniformed member of the service seriously injured or killed in the line of duty within residence counties. Uniformed members of the service and/or their families may be entitled to both medical and financial benefits under the Federal Employees Compensation Act (F.E.C.A.), if a Federal Statute was violated and the injury occurred while apprehending or attempting to apprehend an individual who violated such statute. Therefore, the investigating supervisor will make an entry on the LINE OF DUTY INJURY REPORT (PD429-154), in box captioned "Patrol Command Supervisors Report of Injury," indicating whether the injury comes under F.E.C.A. or whether F.E.C.A. does not apply in this case. If the injury comes under F.E.C.A., the member's commanding officer will forward the following items to Medical Division, (attn. Federal Compensation Liaison Officer), 1 Lefrak City Plaza, within ninety (90) days of occurrence: a. Copy of LINE OF DUTY INJURY REPORT and WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065), if prepared. b. Copy of Unusual Occurrence Report, if prepared. c. Copy of perpetrator's arrest history (rap sheet), if an arrest is effected. d. Copy of criminal court complaint, if arrest is effected. e. Copy of firearms trace, if weapon involved. f. Copy of a fully completed United States Department of Labor form BEC-721a entitled, "Notice of Law Enforcement Officer's Injury or Occupational Disease." may be obtained from Federal Compensation Liaison Office). (Form In unusual circumstances, when a line of duty designation cannot be made expeditiously pending the results of an investigation or other circumstances, the ranking officer responsible for forwarding the LINE OF DUTY INJURY REPORT to the Medical Division will have report prepared on Typed Letterhead, clearly indicating the reasons for the delay and the approximate time period required to complete the investigation. The Typed Letterhead will be forwarded to the Medical Division within sixty (60) days from the date that the initial request for line of duty designation was made. Subsequent reports will be forwarded for each additional sixty (60) day period, if necessary. To provide the Federal Bureau of Investigation (F.B.I.) statistical and descriptive information for use in law enforcement training, the Commanding Officer, Medical Division will provide the Chief of Department Investigation Review Section with copies of LINE OF DUTY INJURY REPORTS for shot or stabbed officers. RELATED PROCEDURES Aided Cases-General Procedure (P.G. 206-01) Department Vehicle Involved In An Accident (P.G. 217-06) Unusual Occurrence Reports (P.G. 212-09) Firearms Discharge And Assaults Involving Uniformed Members Of The Service (P.G. 21229) Reporting Sick (P.G. 205-01) Supervision Of Member Of The Service Receiving Physical Therapy For Line Of Duty Injuries (P.G. 205-09) Exposure Of Members Of The Service To Infectious Diseases (P.G. 205-10) Line Of Duty Injury Or Death From Outside City And Residence Counties (P.G. 205-02) Trauma Counseling Program (P.G. 205-08) Death Of Member Of The Service (P.G. 205-07) FORMS AND REPORTS AIDED REPORT (PD304-152) LINE OF DUTY INJURY REPORT (PD429-154) POLICE ACCIDENT REPORT (MV104AN) SICK LOG (PD429-143) UNUSUAL OCCURRENCE REPORT(PD 370-152) WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065) Typed Letterhead P.G. 205-06 Line Of Duty Injury Or Death - Outside City In Residence Counties Date Effective: 01-01-00 PURPOSE To report a line of duty injury or death incurred by a uniformed member of the service outside the city within residence counties. DEFINITIONS RESIDENCE COUNTIES - The six (6) counties outside New York City wherein uniformed members of the service are permitted to live, i.e., Nassau, Suffolk, Westchester, Rockland, Orange and Putnam. INJURED IN LINE OF DUTY OUTSIDE NEW YORK CITY - Injured while performing duty that uniformed member was specifically assigned to perform, outside the city, by competent authority within the Department or while taking police action as authorized by Section 140.10 of the Criminal Procedure Law. PROCEDURE When injured in the line of duty in one of the residence counties whether reporting sick or not: UNIFORMED MEMBER OF THE SERVICE 1. Notify local police authorities if appropriate. 2. Telephone Medical Division, Sick Desk (718-760-7600), giving: a. Circumstances b. Names and addresses of witnesses. NOTE: If unable to call Medical Division, Sick Desk, request responsible person to make notification. 3. Comply with instructions received from Sick Desk personnel. 4. Notify Operations Unit immediately if arrest involved. INVESTIGATING SUPERVISOR 5. Respond to location and conduct investigation as specified in P.G. 205-05, "Line Of Duty Injury Or Death Occurring Within City." a. A Department vehicle may be used for this purpose without prior permission being obtained. DESK OFFICER 6. Make entries in Department records and insure that required forms have been prepared. ADDITIONAL DATA Uniformed members of the service and/or their families may be entitled to both medical and financial benefits under the Federal Employees Compensation Act (F.E.C.A.), if a Federal Statute was violated and the injury occurred while apprehending or attempting to apprehend an individual who violated such statute. Therefore, the investigating supervisor will make an entry on the LINE OF DUTY INJURY REPORT (PD429-154) in box captioned "Patrol Command Supervisor's Report of Injury," indicating whether the injury comes under F.E.C.A. or whether F.E.C.A. does not apply in this case. If the injury comes under F.E.C.A., the member's commanding officer will forward the following items to Medical Division, (Attn. Federal Compensation Liaison Officer), 1 Lefrak City Plaza, within ninety (90) days of occurrence: a. Copy of LINE OF DUTY INJURY REPORT and WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065), if prepared. b. Copy of Unusual Occurrence Report, if prepared. c. Copy of perpetrator's arrest history (rap sheet), if an arrest is effected. d. Copy of criminal court complaint, if arrest is effected. e. Copy of firearms trace, if weapon involved. f. Copy of a fully completed United States Department of Labor form BEC-721a entitled, "Notice of Law Enforcement Officer's Injury or Occupational Disease." (Form may be obtained from Federal Compensation Liaison Office). RELATED PROCEDURES Line Of Duty Injury Or Death Occurring Within City (P.G. 205-05) FORMS AND REPORTS LINE OF DUTY INJURY REPORT (PD429-154) UNUSUAL OCCURRENCE REPORT (PD370-152) WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065) Unusual Occurrence Report P.G. 205-07 Death Of Member Of The Service Date Effective: 01-01-00 PURPOSE To record the death of a member of the service, uniformed and civilian. PROCEDURE Upon learning of the death of an active member of the command or a retired member of the service, uniformed or civilian residing within the command: DESK OFFICER 1. Cause the following information to be obtained. a. Rank, full name, shield number, command b. Time and date of death c. Place of death (residence, hospital, elsewhere) d. Residence address e. Funeral (time, date, location) f. Time, date and location of service g. Cemetery (name and location) h. Whether deceased was a member of a religious, fraternal or patriotic organization of this Department i. Whether chaplain is desired (state denomination) j. If uniformed member of the service, whether pallbearers or escort is desired k. Next of kin (full name, address, telephone number and relationship) l. Funeral director (name, address and telephone number) m. Whether deceased was a medal recipient (Honorable Mention and medal) n. If an active member - was death caused as result of performing police duty, or otherwise o. If a retired member - date of retirement. 2. Telephone information to Communications Section. a. If an active member of the service, uniformed or civilian, immediately notify the Internal Affairs Bureau, Command Center at (212) 741-8401. 3. Notify unit commander. 4. Post information on bulletin board for benefit of members of command if active member. COMMANDING OFFICER CONCERNED 5. Cause member's weapons and Department property to be obtained if active member. 6. Deliver non-department property from member's locker to authorized recipient where applicable. RELATED PROCEDURES Line of Duty Injury or Death Occurring Within City (P.G. 205-05) Line of Duty Injury or Death Outside City in Residence Counties (P.G. 205-06) P.G. 205-08 Trauma Counseling Program Date Effective: 01-01-00 PURPOSE To provide Trauma Counseling Services for members of the service (uniformed and civilian) involved in shooting incidents, disasters, or other violent occurrences resulting in death or injury. SCOPE A member of the service (uniformed or civilian) will be referred to the Trauma Counseling Program when involved in a shooting incident, disaster, or other violent occurrences resulting in death or injury. These include, but are not limited to, the following: a. Member is shot or otherwise seriously injured. b. Member discharges a weapon causing injury or death to another. c. Member causes, accidentally or otherwise, serious physical injury or death to another. d. Member is directly involved in an incident where his/her partner was killed or seriously injured, etc. e. Member is directly involved in incidents or serious disasters where multiple serious injuries and deaths have occurred. The Trauma Counseling Team will respond to all incidents involving: a. Member of the service is shot, killed, or seriously injured in the performance of duty. b. Any incident pursuant to a request from a captain or above. PROCEDURE When a member of the service (uniformed or civilian) is involved in a shooting incident, disaster or other violent occurrence resulting in death or injury: DESK OFFICER 1. Notify Operations Unit and provide details of incident. OPERATIONS UNIT SUPERVISOR 2. Notify Sick Desk supervisor, provide detailed information and request response of Trauma Counseling Team. SICK DESK SUPERVISOR 3. Ascertain from Operations Unit and/or the ranking supervisor at the scene: a. Location the Trauma Team should respond to b. Name of supervisor who will be contact person at the scene. 4. Arrange for transportation of Trauma Team. RANKING SUPERVISOR AT SCENE 5. Ensure members in need of trauma counseling are available for interview, where possible, by responding Trauma Team upon their arrival. 6. Provide a suitable place for the trauma interview, where possible. SUPERVISOR TRAUMA COUNSELING TEAM 7. Respond to location and report to designated contact person at the scene. NOTE: Trauma Team members will wear authorized nylon windbreaker jackets with the NYPD logo on the front and the words "N.Y.C. POLICE" printed on the back (P.G. 204-04, "Optional Uniform Items"). TRAUMA COUNSELING TEAM 8. Respond, if required, to stationhouse of precinct of occurrence or other location, to make contact and converse with member(s) of the service involved in the incident. 9. Visit the place of occurrence, if necessary. 10. Notify the member concerned that he/she will be contacted for a follow-up meeting forty-eight (48) hours after the event or initial contact, as appropriate. a. Any additional counseling/interview sessions after the forty-eight (48) hour meeting will be scheduled within one (1) to six (6) weeks after the incident. NOTE: ALL CONVERSATION WITH THE TRAUMA COUNSELING TEAM BY MEMBERS OF THE SERVICE (UNIFORMED AND CIVILIAN) WILL BE STRICTLY CONFIDENTIAL. MEMBER OF THE SERVICE 11. Cooperate with members of the Trauma Counseling Team and keep appointments for follow-up meetings as scheduled. 12. Report to Psychological Services Unit or other location as required, forty-eight (48) hours after the incident, or initial contact with Trauma Counseling Team. a. Report for additional follow-up counseling/interview meetings scheduled with the Trauma Counseling Team. COMMANDING OFFICER/DUTY CAPTAIN 13. Cooperate with members of the Trauma Counseling Team and permit them access to the individual member(s) of the service involved in the shooting, disaster or other violent event. 14. Verify that a member(s) of the service involved in the shooting, disaster or violent incident has been referred and contacted in person by a member of the Trauma Counseling Team. 15. Have UNUSUAL OCCURRENCE REPORT (PD370-152) prepared and list members of the service involved in the incident who were contacted by the Trauma Counseling Team. 16. Forward copies of the report, FIREARM DISCHARGE/ASSAULT REPORT (PD424-151), if prepared, and other reports prepared to the Commanding Officer, Medical Division, 5917 Junction Boulevard, 16th Floor, Corona, New York 11368. ADDITIONAL DATA The Trauma Counseling Team is staffed by the Chief Surgeon, Director, Psychological Evaluations Unit and licensed certified professionals of the Medical Division. Trauma Team members will not interfere with on-going investigations. In addition, team members will not be assigned any duties outside their functions as Trauma Counselors when responding to the occurrence site. This procedure does not prevent in any way the voluntary use of or referral to any of the Employee Assistance Programs or units in the Department for any reason at any time. The services of the Trauma Counseling Team are also available to members who are involved in personal or family tragedies, e.g., violent criminal incidents involving themselves or their families, death in family, etc. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Line Of Duty Injury Or Death Occurring Within City (P.G. 205-05) Supervision Of Members Of The Service Receiving Physical Therapy For Line Of Duty Injuries (P.G. 205-09) Line Of Duty Injury Or Death Outside City In Residence Counties (P.G. 205-06) Firearms Discharge And Assaults Involving Uniformed Members Of The Service (P.G. 21229) FORMS AND REPORTS FIREARM DISCHARGE/ASSAULT REPORT (PD424-151) UNUSUAL OCCURRENCE REPORT (PD370-152) P.G. 205-09 Supervision Of Members Of The Service Receiving Physical Therapy For Line Of Duty Injuries Date Effective: 01-01-00 PURPOSE To provide physical therapy treatments for members of the service injured in the line of duty. PROCEDURE When a District Surgeon determines that a member of the service, injured in the line of duty, requires physical therapy treatment not available within the Department. DISTRICT SURGEON 1. Prepare REQUEST FOR MEDICAL SERVICE AUTHORIZATION (PD429-164) and forward to Medical Division, Medical Bills Section. 2. Direct member concerned to report to Medical Division, Medical Bills Section, to obtain forms necessary to obtain treatment. MEMBER CONCERNED 3. Obtain the following forms at Medical Bills Section: a. Certification of Line of Duty Injury/Authorization for Treatment (Misc. 89B) b. Therapy Verification (Misc. 1991) c. Notification of Line of Duty Therapy Authorization (Misc. 1992). 4. Present Notification of Line of Duty Therapy Authorization to commanding officer. 5. Present to therapist, prior to treatment, the following forms: a. Certification of Line of Duty Injury/Authorization for Treatment, AND b. Therapy Verification. 6. Complete Therapy Verification form after each set of authorized treatments, and present to commanding officer. COMMANDING OFFICER 7. Have Integrity Control Officer verify member's attendance for treatment at time and date specified on completed Therapy Verification form. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Line Of Duty Injury Or Death Occurring Within City (P.G. 205-05) Line Of Duty Injury Or Death Outside City In Residence Counties (P.G. 205-06) FORMS AND REPORTS REQUEST FOR MEDICAL SERVICE AUTHORIZATION (PD429-164) CERTIFICATION OF LINE OF DUTY INJURY/AUTHORIZATION FOR TREATMENT (MISC. 89B) THERAPY VERIFICATION (MISC. 1991) NOTIFICATION OF LINE OF DUTY THERAPY AUTHORIZATION (MISC. 1992) P.G. 205-10 Exposure Of Members Of The Service To Infectious Diseases Or Hazardous Materials Date Effective: 01-01-00 PURPOSE To provide instructions and minimize risk to members of the service (uniformed and civilian) or auxiliary police officers who have contact with or handle an animal or person who may have an infectious disease, or who have contact with or handle hazardous materials. DEFINITIONS INFECTIOUS DISEASE - as used in this procedure, includes diseases capable of being transmitted by contact with an infected animal's saliva or central nervous system tissue, or with an infected individual's blood or body fluids. HAZARDOUS MATERIAL - as used in this procedure, includes any chemical, biological, or radiological substance which is a health hazard. Chemical health hazards include carcinogens, toxic agents, irritants, corrosives, or agents which damage the lungs, skin, eyes, or mucous membranes, etc. Chemical physical hazards include flammable or combustible liquids, compressed gas, or explosive or reactive substances, etc. EXPOSURE TO AN INFECTIOUS DISEASE - as used in this procedure, includes those situations where a member of the service is exposed by airborne transmission or direct contact to an individual suspected of having a disease, or where a member comes in contact with the blood or body fluids of an individual suspected of having an infectious disease, or, where a member of the service is injured as the result of a human or animal bite, or hypodermic needle puncture, or other contaminated sharp instrument, or where a member of the service is exposed to an animal suspected of having an infectious disease, or where a member comes in contact with the saliva or central nervous system tissue of an animal suspected of having an infectious disease. EXPOSURE TO A HAZARDOUS MATERIAL - as used in this procedure, includes those situations where a member of the service is exposed to a hazardous material whether through inhalation, ingestion, skin contact, or parenteral contact. UNIVERSAL PRECAUTIONS - as used in this procedure, is an approach to infection control. According to this approach, all human blood and certain body fluids are to be treated as if they are known to be infectious for human immunodeficiency virus (HIV), hepatitis B virus (HBV), or other bloodborne pathogens; and in addition, all animal saliva and central nervous system tissue are to be treated as if they are known to be infectious for rabies. All efforts to avoid contact with these potentially infectious materials should be taken as well as utilizing whatever protective equipment is available. DESIGNATED OFFICER - an individual designated under 42 U.S.C. 300ff-86 by the Public Health Officer of the State involved (42 U.S.C. 300ff-76) to execute provisions of Section 411 of the Ryan White Comprehensive AIDS Resources Emergency Act regarding emergency response employees who request a determination whether they were exposed to an infectious disease. NOTE: To avoid unnecessary exposure, control of the aided/accident victim, or prisoner will be assigned to an officer at the scene who has already had contact with a person suspected of having an infectious disease. The assigned officer will be responsible for completing the processing of the individual. If there are numerous individuals involved, the patrol supervisor at the scene will be responsible for the coordination of information and documenting the name, etc., of the members of the service involved. This Department is offering certain members of the service the opportunity to receive, free of charge, pre-exposure, a series of three (3) inoculations of the vaccine against Hepatitis B; and free of charge, post-exposure inoculation. This Department is offering certain members of the service the opportunity to receive, free of charge, pre-exposure, a routine annual or biannual, Mantoux (PPD) skin test against tuberculosis (based on a determination of a significant occupational exposure); and, free of charge, post-exposure, a Mantoux (PPD) skin test against tuberculosis (based on a determination of a significant exposure). PROCEDURE Upon being exposed to an infectious disease, hazardous material, or suffering a human or animal bite, or hypodermic needle puncture wound: MEMBER OF THE SERVICE 1. Comply with the guidelines listed in "ADDITIONAL DATA" statement of this procedure, when possible. 2. Notify desk officer, precinct of occurrence. NOTE: When exposure involves an actual injury, the member of the service concerned will be transported to the hospital for treatment and P.G. 205-05, "Line Of Duty Injury Or Death Occurring Within The City", or 205-06, "Line Of Duty Injury Or Death Outside City In Residence Counties," will be complied with as appropriate. When exposure does not involve an actual injury and the exposure is related to tuberculosis, the member of the service concerned should consider this Department's offer of Mantoux (PPD) skin testing which is free of charge. When tested and the results are positive, notify Unit Safety Officer to initiate entry on State of New York - Department of Labor Log and Summary of Occupational Injuries and Illnesses (DOSH 900). Tuberculosis infection and tuberculosis disease are both recordable on DOSH 900 logs. A code (e.g., maiden name pseudonym) may be used to substitute for the description of injury or illness (column [F]). DESK OFFICER 3. Notify Medical Division, Sick Desk ((718) 760-7600), and obtain exposure report number. 4. Make Command Log entry of information a. Include Exposure Report number in Log entry. 5. Notify designated Department surgeon of the facts involved. DEPARTMENT SURGEON 6. Contact member of the service involved and advise of necessary treatment. MEMBER OF THE SERVICE 7. Comply with directions of Department surgeon. NOTE: By telephoning this Department's designated officer at the Medical Division, Hazmat Unit (718) 760-7644 or 760-7653, emergency response employees, such as a law enforcement officer or auxiliary police officer, may submit a request for a determination whether they were exposed to a specific infectious disease when a victim of an emergency who was aided by the emergency response employee was transported to a medical facility. If it is determined that the emergency response employee may have been exposed to an infectious disease, a signed written request, along with the facts collected, must be sent by the designated officer to the medical facility to which the victim (or patient), i.e., aided or prisoner, was transported. After receiving a notification from the medical facility, to the extent practicable, the designated officer must immediately notify the member or members concerned. Whenever the designated officer discloses information related to Human Immunodeficiency Virus (HIV) to an emergency response employee, redisclosure by the emergency response employee is prohibited when not in conformance with state law. 8. Make ACTIVITY LOG (PD 112-145) entry of facts involved. a. Include Exposure Report number. ADDITIONAL DATA EXPOSURE TO INFECTIOUS DISEASES GUIDELINES a. Confer with Emergency Medical Service personnel, the individual's family, friends, neighbors, doctor, or appropriate agency as to the source individual's medical conditions, when circumstances permit. b. Wear disposable gloves if contact with individual's blood or body fluids is a possibility; and if a member who is routinely engaged in the capture or seizure of suspected rabid animals, wear heavy duty disposable rubber gloves if contact with animal's saliva or central nervous system tissue is a possibility. c. Wash hands with soap and water (disinfectant soap, if possible), after removing disposable gloves. Glove kits containing antiseptic wipes, gloves, and disposable bag should be used when hand-washing facilities are not available. d. Immediately and thoroughly wash hands or other unprotected body parts if they come in contact with individual's blood or body fluids, or if bitten, scratched, abraded, by an animal, or if there is contact between the member and the animal's saliva or nervous system tissue. Use disinfectant soap, if possible. e. Remove and machine wash (hot cycle), or have dry cleaned, as soon as possible, any part of uniform/civilian clothes that come in contact with an individual's blood or body fluids and promptly clean any equipment other than that made of fabric. f. Use extraordinary care to avoid accidental puncture wounds from needles which may be contaminated with potentially infectious material. g. Affix Biohazard Label to any property, evidence, or waste which may be contaminated. ACCIDENTAL SPILLS OF BLOOD OR BODY FLUIDS. A supply of household bleach will be maintained at all precinct/psa/district commands, emergency service units, borough court section facilities, and other appropriate sites. Accidental spills of blood or body fluids on floors, cells, RMP's or on other surfaces, other than clothing, or fabric may be cleaned by applying a FRESHLY MIXED solution of one (1) part household bleach with ten (10) parts water. It is imperative that the preceding mixture be carefully followed. Household bleach is not to be mixed with any solution other than water and it must be freshly mixed for each use. Members of the service (uniformed and civilian) are reminded that this mixture of bleach and water will cause damage if used to clean uniforms. Uniform items soiled with blood or body fluids can be effectively cleaned by routine laundering or dry cleaning procedures. Bleach should not be used to cleanse hands. In addition, bleach mixed with any substance other than water may cause a toxic gas. Therefore, disposal of bleach or bleach dilutions should be performed only in a sink (not a urinal or toilet since they sometimes contain chemical deodorizers). When preparing a bleach dilution, the container used for the diluted solution must be cleaned with water and free of any other solution. To prevent injury/infection when handling or forwarding hypodermic needles/syringes to the Property Clerk, members of the service will place such items in a hypodermic needle/syringe container by utilizing a one-handed "scoop" technique which uses the needle itself to pick up the hypodermic needle/syringe container. (By using one hand to hold the hypodermic syringe while moving the hypodermic needle toward the hypodermic needle/syringe container, the member of the service is moving the needle away from himself/herself. Members should not hold the container and move their hand toward the needle). The container will be capped, if possible. However, if the syringe extends beyond the container, it will be secured with tape. UNDER NO CIRCUMSTANCES SHOULD A MEMBER OF THE SERVICE ATTEMPT TO REMOVE, DISLODGE, OR BEND A NEEDLE FROM A HYPODERMIC SYRINGE. RELATED PROCEDURES Aided Cases - General (P.G. 216-01) Animal Bites (P.G. 216-09) Communicable Disease (P.G. 216-11) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Care and Disposition of Animals (P.G. 214-33) Line of Duty Injury or Death Occurring Within New York City (P.G. 205-05) [Rev 03-02] Use of Patrol Kits (P.G. 219-17) FORMS AND REPORTS ACTIVITY LOG (PD 112-145) P.G. 205-11 Request For Pre-Exposure Vaccination Against Hepatitis B Date Effective: 01-01-00 PURPOSE To provide members of the service (uniformed and civilian) who risk a potential significant exposure to Hepatitis B virus during the performance of duty with the opportunity to participate in this Department's Hepatitis B Pre-Exposure Vaccination Safety Program. DEFINITION OCCUPATIONAL EXPOSURE is considered to be reasonably anticipated contact with a vulnerable point of entry of the member of the service, such as: a. Eyes b. Mouth c. Other mucous membranes d. Broken skin AND a potentially infectious substance, such as: (a) Blood (b) Body fluids/secretions (i.e., semen, vaginal secretions, amniotic fluid, human tissue or organs). PROCEDURE To obtain the series of three (3) inoculations of the vaccine against Hepatitis B: DIRECTOR OF TRAINING 1. Provide training sergeants from patrol and non-patrol commands with appropriate instructions, instructor guides and materials, prior to the precinct level training cycle or its equivalent. COMMANDING OFFICER CONCERNED 2. Ensure that EVERY member receives blood borne disease "Right-to-Know" training, and that below listed designated titles be offered the opportunity to receive free of charge, a series of three (3) inoculations of the vaccine against Hepatitis B. Have designated titles, who have not already done so, prepare and return the HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION (PD 429-147): a. Uniformed members of the service b. Motor Vehicle Operators c. Police Attendants d. Chemists e. Surgeons and Dentists f. Nurses g. School Crossing Guards h. Custodians i. Evidence and Property Control Specialists j. Assistant Stock Handlers and related titles/or assignments within Property Clerk Division who may handle vouchered items such as blood contaminated evidence k. Auto mechanics and related titles l. Plumbers and related titles m. Auxiliary Police Officers n. Industrial Hygienists o. Cadets p. Traffic Enforcement Agents, Level IV. NOTE: Other titles/assignments not listed will be considered on a case by case basis by the Occupational Safety and Health Unit. TRAINING SERGEANT 3. Report, as directed, to the Police Academy for instruction and materials. NOTE: Commanding officers of units that do not receive precinct level training are responsible to ensure that an appropriate member of the command is designated training sergeant and attends pre-cycle instruction. Contact Police Academy In-Service Training Unit at (212) 477-9200 for additional information. 4. Prepare and deliver mandated training to all members assigned to the command. 5. Distribute HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION form to all members in designated titles, if not already distributed. MEMBER OF THE SERVICE 6. Prepare HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION form indicating intention to accept or decline vaccination by signing the appropriate section after receiving "Right-to-Know" training in blood borne diseases. NOTE: If a member has received Hepatitis B inoculations within the past seven (7) years, he or she must so indicate on the bottom of the form. TRAINING SERGEANT 7. Collect HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION forms from each member of the service in designated titles. 8. Place a photocopy of each HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION form in the command's Occupational Safety and Health Administration (OSHA) file. 9. Forward summary, upon completion of training cycle, indicating number of members of the command, by title, who accept or decline vaccinations, to the borough safety officer or overhead command counterpart. 10. Forward completed ORIGINAL HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION forms to the Commanding Officer, Medical Division, Attention: Hepatitis B Pre-Exposure Vaccination Safety Program, via Department mail. COMMANDING OFFICER 11. Prepare and forward a report to the Chief of Personnel (through channels), upon the completion of each relevant training cycle, verifying that every member of the command, in the designated titles, who have not already done so, has signed a HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION form. BOROUGH SAFETY OFFICER/BUREAU EQUIVALENT 12. Prepare a consolidated summary for the borough/bureau on the 10th of each month, until all training on Hepatitis B within the borough/bureau is completed, indicating the number of members who have been trained and have accepted or declined vaccinations. 13. Forward report of consolidated summary to the Commanding Officer, Medical Division. SUPERVISING CHIEF SURGEON 14. Establish and maintain inoculation protocol. COMMANDING OFFICER, MEDICAL DIVISION 15. Administer inoculation program under the direction of the Supervising Chief Surgeon. ADDITIONAL DATA Members of the service should note that participation in the inoculation program is entirely voluntary and will be free of charge to participants. It should also be noted that members must receive the entire three-inoculation series in order to ensure effective protection against Hepatitis B. Vaccination will be provided to members of the service at no charge, and during regularly scheduled tours of duty. Under no circumstances will overtime be granted to facilitate vaccination. RELATED PROCEDURE Exposure of Members of the Service to Infectious Diseases (P.G. 205-10) FORMS AND REPORTS HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION (PD429-147) P.G. 205-12 Donating Or Requesting Blood From The Department'S Blood Program Date Effective: 01-01-00 PURPOSE To donate blood to the Department's blood program or to supply blood to members of the service (uniformed or civilian) active or retired and their families from the Department's blood program. PROCEDURE When a member of the service (uniformed or civilian) wishes to donate blood to the Department's blood program or when there is a need for blood: MEMBER OF THE SERVICE 1. Telephone donation center at 1-800-933-2566 and identify self as an active or retired member of the service. a. Provide Department identification number - 5239. 2. Make appointment to donate blood as follows: a. Uniformed members of the service - during off-duty time b. Civilian members - during scheduled working hours. 3. Observe the following precaution prior to giving blood: a. Eating is encouraged, but avoid fatty foods such as butter, cream, oils, etc. COMMANDING OFFICER 4. Excuse civilian members for up to three (3) hours of scheduled tour. (Compensatory time is NOT granted for donations made during non-working hours). CIVILIAN MEMBER OF THE SERVICE 5. Deliver receipt from donation center to desk officer or counterpart on return to duty. NOTE: A member of the service (uniformed or civilian) will not volunteer to donate blood when any of the following conditions exist: a. Prior donation within eight (8) weeks b. Donated five (5) pints within previous year c. Under seventeen (17) or over seventy-five (75) years of age d. Had malaria, jaundice or tuberculosis within the prior two (2) years e. Had hepatitis f. Had tooth extraction within the prior three (3) days g. Body weight is less than one hundred and ten (110) pounds h. Other disqualifying medical condition. ADDITIONAL DATA When a member of the service is seriously injured and requires blood, the Operations Unit will be notified. RELATED PROCEDURES Requesting Blood When Outside Of New York State (P.G. 205-13) P.G. 205-13 Requesting Blood When Outside New York State Date Effective: 01-01-00 PURPOSE To assist members of the service (active or retired) and their families when there is a problem obtaining blood outside of New York State. PROCEDURE To request blood or assistance: MEMBER OF THE SERVICE 1. Telephone the Medical Division at (718) 760-7615 during business hours and (718) 760-7606, during non-business hours. 2. Provide the following information: a. Patient's name b. Identification number (social security, blue cross, etc.) c. Residence d. Name and address of hospital e. Date of admission f. Amount requested (pints) g. Patient's relationship to member of the service h. If patient is Medicare eligible or not. MEMBER CONCERNED, MEDICAL DIVISION 3. Verify member's eligibility and notify Greater New York Blood Center at (212) 4682186. RELATED PROCEDURES Donating Or Requesting Blood To/Requesting Blood From The Department's Blood Program (P.G. 205-12) P.G. 205-14 Application For Transfer Date Effective: 01-01-00 PURPOSE To enable a member of the service (uniformed or civilian) to request a transfer. PROCEDURE When a member desires a transfer: MEMBER OF THE SERVICE 1. Prepare APPLICATION FOR TRANSFER (PD406-041). a. Information on form MUST BE TYPED. 2. Obtain supervisor/witness signature on form. 3. Submit ALL copies of APPLICATION to commanding officer. COMMANDING OFFICER 4. Review and sign APPLICATION. a. Remove GREEN copy for filing in member's Personal Folder. 5. Return remaining copies to member concerned. MEMBER OF THE SERVICE 6. Forward copies of APPLICATION as follows: a. WHITE, YELLOW and BLUE - to Commanding Officer, Personnel Orders Section, in a sealed envelope. b. PINK - To Personnel Officer concerned. COMMANDING OFFICER, PERSONNEL ORDERS SECTION 7. Retain WHITE copy of APPLICATION in ACTIVE STATUS for TWO (2) YEARS, UNLESS withdrawn by member concerned. 8. Forward YELLOW and BLUE copies of receipted APPLICATION to Personnel Officer concerned. PERSONNEL OFFICER CONCERNED 9. File receipted YELLOW copy with PINK copy forwarded by member. 10. Forward receipted BLUE copy to requesting member's command. DESK OFFICER 11. Have BLUE copy of APPLICATION placed in member's Personal Folder. TO WITHDRAW APPLICATION FOR TRANSFER: MEMBER OF THE SERVICE 12. Prepare and forward to Commanding Officer, Personnel Orders Section four (4) copies of report, on Typed Letterhead, requesting that APPLICATION FOR TRANSFER be withdrawn. COMMANDING OFFICER, PERSONNEL ORDERS SECTION 13. File one (1) copy of report after removing APPLICATION from ACTIVE FILE. 14. Forward remaining copies of receipted report to Personnel Officer concerned. PERSONNEL OFFICER 15. Retain one (1) copy of receipted report for file. 16. Forward remaining copies to requesting member's command. DESK OFFICER 17. Have copy of receipted report filed in member's Personal Folder and give remaining copy to member concerned. ADDITIONAL DATA Members of the service (uniformed and civilian) desiring a mutual transfer will submit a request for transfer, on Typed Letterhead, including all the information required on APPLICATION FOR TRANSFER, to their respective commanding officers for approval. The respective commanding officers will forward APPROVED requests, BY ENDORSEMENT, to the Commanding Officer, Personnel Orders Section. FORMS AND REPORTS APPLICATION FOR TRANSFER (PD406-041) Typed Letterhead P.G. 205-15 Police Officer'S Career Program Date Effective: 01-01-00 PURPOSE To provide police officers with a Career Program which allows eligibility through earned points for precinct of choice, investigative assignment and non-precinct assignment (Special Operations Division Units, and all other Administrative and Support Units). SCOPE The Career Program is a performance reporting system which measures overall activity, activity directed at specific condition correction, appearance, community service, and respect for both the public and Department. This Program allows police officers performing defined patrol functions to earn accelerated career points under the Police Officer's Monthly/Quarterly Performance Review and Rating System. Police officers in non-patrol assignments can accrue points from annual evaluations and other criteria. PROCEDURE Whenever a police officer with a minimum of fifteen (15) points requests a Career Program transfer: UNIFORMED MEMBER OF THE SERVICE 1. Prepare CAREER PROGRAM TRANSFER APPLICATION/RECOMMENDATION (PD406-1414). COMMANDING OFFICER 2. Verify the information, eligibility and suitability for transfer of the uniformed member concerned. UPON VERIFICATION OF APPLICATION COMMANDING OFFICER 3. Forward CAREER PROGRAM TRANSFER APPLICATION/RECOMMENDATION as per instructions. a. Place copy in uniformed member's personnel folder. NOTE: In order to be considered for the above listed investigative assignments, uniformed members must receive a "Highly Recommend" endorsement from their respective commanding officers. In addition, commanding officers must utilize the comment section on the application/recommendation form. Commanding officers will be held strictly accountable for their recommendations. COMMANDING OFFICER, CAREER PROGRAM UNIT 4. Maintain the Career Program. 5. Schedule and conduct required screening panels. ADDITIONAL DATA The following numerical criteria will be utilized to acquire Career Points: Annual Performance Review Points - precinct and borough task force, transit district and task force, and housing PSA patrol officers only. Review Points Career Points 60-68 55-59 48-54 40-47 Below 40 4.0 3.0 2.0 0.0 Review Annual Performance Review Points are only available to defined patrol officers performing the following assignments: a. Foot/Post b. RMP/Sector c. Anti-Crime d. SNEU e. Community Policing Officer f. Conditions/Detail g. Warrants h. Youth Officer i. Domestic Violence Prevention Officer j. Summons Officer k. Train Patrol l. School Outreach Coordinator m. Community Policing Teams n. Bicycle Patrol o. Safe Home FOR ALL OTHER POLICE OFFICERS Each Annual Evaluation Annual Evaluation Extremely Competent Highly Competent Competent Low or Very Low Career Points 1.0 0.5 0.0 -1.0 NOTE: Annual evaluation points are available only to members who are not assigned to defined patrol duties. ALL POLICE OFFICERS ARE ELIGIBLE Department recognition Honorable Mention Exceptional Merit Commendation 2.0 1.0 0.6 Meritorious Police Duty Excellent Police Duty 0.4 0.2 Education Associate's Degree/64 credits Bachelors Degree Masters Degree J.D. or Ph D. 2.0 3.0 4.0 5.0 One (1) year perfect attendance (excluding LOD) 1.0 Integrity Review Board (as determined by the IRB) 1 to 5 Voluntary Participation in Community Programs (see A.G. 320-36) Charges and Specifications (expires two (2) years from day penalty/suspension incurred) -0.2 for each day penalty/ suspension incurred. Maximum of -5 per case. A minimum of fifteen (15) Career Program Points is required before consideration is given to a Career program application. (Points may be reduced with the approval of the Chief of Personnel.) Members possessing special skills beneficial to the needs of the Department may be transferred with less than the required points upon approval of the Chief of Personnel. Three choices of assignments in priority order may be entered on the Career Program Transfer Application/Recommendation. Career Program choices may be changed or withdrawn by submitting an additional Career Program Transfer Application/Recommendation. Applications will be expunged after two (2) years on file. Police officers whose applications have expired and still desire consideration are responsible for submitting an additional application. Police officers granted a transfer under the Career Program may not utilize this program for two (2) years from the date of their last Career Program transfer. The Career Program does not prevent a police officer from requesting a transfer through P.G. 205-14, "Application For Transfer." These requests will be honored based upon the needs of the Department. All members should be aware that there are no automatic guarantees from this program. Inherent in any realistic and workable career path program is the need for flexibility to meet changing conditions and situations. The Career Program does not limit or change the Department's right or managerial prerogatives to assign personnel. RELATED PROCEDURES Application for Transfer (P.G. 205-14) FORMS AND REPORTS CAREER PROGRAM TRANSFER APPLICATION/RECOMMENDATION (PD406-1414) P.G. 205-16 Integrity Review Board Recommendation Procedure Date Effective: 01-01-00 PURPOSE To set forth the guidelines to be followed when a uniformed member of the service is recommended for recognition, by the member's commanding officer, for effecting an arrest for a bribery-related offense or an action which demonstrated the uniformed member's commitment to the Department's integrity policy. DEFINITION CONTROLLED PAD - For the purpose of this procedure is a purported payment to uniformed members of the service to protect existing or contemplated illegal activities which will constitute more than one (1) time bribery payments. PROCEDURE Whenever a uniformed member of the service is recommended for recognition, by the member's commanding officer, to the Integrity Review Board: COMMANDING OFFICER, MEMBER CONCERNED 1. Ensure that copy of report in bribery arrests, as required by P.G 208-34, "Bribery Arrest by Uniformed Member of the Service" is forwarded to Commanding Officer, Employee Relations Section. 2. Comply with "ADDITIONAL DATA" statement, page 3, regarding submission of report for an act reflecting high integrity. UPON NOTIFICATION FROM EMPLOYEE RELATIONS SECTION: 3. Have uniformed member concerned notified to report to Employee Relations Section for a personal interview during the uniformed member's normal tour of duty. UNIFORMED MEMBER OF THE SERVICE 4. Report to Employee Relations Section, as follows: a. In uniform of the day, if assigned to patrol duties b. In proper business attire, if assigned to non-patrol duties. 5. Bring copies of the following documents concerning the arrest and/or incident of high integrity, if prepared: a. ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) b. Last two (2) PERFORMANCE EVALUATIONS (as appropriate to rank) c. ARREST INVESTIGATION REPORT (PD244-1511) d. Criminal Court Affidavit e. UNUSUAL OCCURRENCE REPORT (PD 370-152) f. PROPERTY CLERK'S INVOICE (PD 521-141) g. ARREST REPORT SUPPLEMENT (PD244-157), if applicable h. Newspaper articles concerning incident i. Any other Department forms/reports relating to the incident. NOTE: During this interview process, the aspirations of the uniformed member concerned will be discussed in detail and the uniformed member will be advised of the options available, depending upon the current needs of the Department and the uniformed member's suitability/aptitude for such assignment. EMPLOYEE RELATIONS SECTION 6. Convene the Integrity Review Board, upon completion of administrative documentation for the presentation of a cadre of cases. NOTE: The Integrity Review Board meets regularly, usually on a quarterly basis, to review and evaluate cases involving incidents of bribery arrests/acts of high integrity. INTEGRITY REVIEW BOARD 7. Review cases submitted by Employee Relations Section. 8. Forward recommendations to Police Commissioner for final determination. EMPLOYEE RELATIONS SECTION 9. Notify member concerned of the type of recognition received. ADDITIONAL DATA To receive recognition from the Integrity Review Board for involvement in bribery related offense, the uniformed member concerned must be the individual who was offered/accepted the bribe and either effected the arrest for the crime of bribery or charged the defendant with the additional crime of bribery. In situations when the arresting officer is not the uniformed member offered the bribe, an ARREST REPORT SUPPLEMENT must be prepared delineating the circumstances surrounding the additional charge of bribery. All uniformed members of the service directly involved in a "controlled pad" incident, i.e., receives payoffs, acts as an intermediary, etc., are eligible to receive recognition from the Integrity Review Board The types of recognition uniformed members of the service are eligible to receive are as follows: a. Police Commissioner's letter of commendation b. Award of one (1) to five (5) Career Program points c. Waiver of all or part of the Career Path requirements for consideration for assignment to a specific command/bureau d. Patrol precinct to patrol precinct transfers e. Interviews for preferential assignments, i.e., Highway Districts, Emergency Service Unit, etc. f. Interviews for investigative assignments, i.e., Organized Crime Control Bureau, etc. NOTE: The Integrity Review Board may recommend that uniformed members of the service be granted interviews for a potential assignment to one (1) of the Department's investigative track units for having effected arrests for bribery or other acts of high integrity. The actual impact or perceived impact of the "Eighteen Month Detective Designation Law" should NOT effect the decision to grant an interview to a well deserving uniformed member. The integrity of the Department is of the utmost concern and efforts to properly reward uniformed members for their exemplary conduct should NOT be diminished. g. Award of additional investigative time towards eligibility for promotion to detective designation. h. Preferential consideration for assignment to a unit within the uniformed member's current bureau of assignment, i.e., Organized Crime Investigation Division, Major Case Squad, etc. i. Any other type of award deemed appropriate by the Integrity Review Board. The type of recognition granted by the Integrity Review Board varies depending upon the uniformed member's career aspirations, qualifications, overall performance level, and character. Uniformed members will not usually be considered for: a. A patrol precinct to patrol precinct transfer with less than two (2) years of service, or b. An interview for an investigative assignment with less than three (3) years of service. When a uniformed member is awarded Career Program points only, the number of points awarded will be published in a Personnel Order. Scheduling of preferential interviews for possible assignments to specific commands/bureaus will be the responsibility of the Personnel Officers concerned. Arresting/assisting officers in arrests for bribery related offenses, or for other acts of high integrity, may apply for Department recognition, in the grade of Meritorious Police Duty, as outlined in P.G. 205-39, "Request for Departmental Recognition." A supervisor performing normal supervisory duties regarding bribery/attempted bribery incidents is not eligible for recognition by the Integrity Review Board. RELATED PROCEDURES On-Line Booking System Computerized Arrest Notification Printout (P.G. 208-68) Bribery Arrest By Uniformed Member Of The Service (P.G. 208-34) Boards And Committees (O.G. 101-19) Request For Departmental Recognition (P.G. 205-39) FORMS AND REPORTS ARREST INVESTIGATION REPORT (PD244-1511) ARREST REPORT SUPPLEMENT (PD244-157) CRIMINAL COURT AFFIDAVIT ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PERFORMANCE EVALUATION (as appropriate to rank) PROPERTY CLERK'S INVOICE (PD521-141) UNUSUAL OCCURRENCE REPORT (PD370-152) P.G. 205-17 Overtime Date Effective: 01-01-00 PURPOSE To compensate uniformed members of the service for work performed in excess of hours stipulated in the member's regular work schedule. DEFINITION OVERTIME: a. NON-ORDERED - Extension of scheduled tour of duty by 15 minutes or more to prevent interruption of services being performed, e.g., processing an arrest, aided case, court appearance, etc. Non-ordered overtime is not authorized for administrative duties at any level. b. ORDERED - Extra duty required for on-going or future operational situations, demonstrations, parades, etc., or overtime of an administrative nature for extra duty required of an on-going or future operational situation. (May only be authorized by Police Commissioner, First Deputy Commissioner or Chief of Department). c. EMERGENCY ORDERED - Extra duty performed in an emergency when work schedules are suspended by Department order, due to large-scale disorders or disasters. (May only be authorized by Police Commissioner, First Deputy Commissioner or Chief of Department). PROCEDURE When a uniformed member of the service below the rank of captain performs overtime duty: UNIFORMED MEMBER OF THE SERVICE 1. Submit OVERTIME REPORT (PD138-064) to desk officer when dismissed. a. If performing duty at other than regularly assigned command, submit to desk officer of that command. b. If performing duty at scene of parade, demonstration, etc., submit to immediate supervisor. NOTE: The Fair Labor Standards Act (F.L.S.A.) requires that overtime earned by members of the New York City Police Department be paid within a reasonable time after it is performed. Accordingly, completed OVERTIME REPORTS will normally be submitted to the permanent command of the member concerned at the end of their tour of duty. In those circumstances when the permanent command is closed, the requesting member will submit the OVERTIME REPORT on their next scheduled tour of duty. Members scheduled for authorized leave following a tour when overtime has been performed will submit their OVERTIME REPORTS on their next scheduled tour of duty. DESK OFFICER/SUPERVISOR CONCERNED 2. Make Command Log or ACTIVITY LOG (PD112-145) entry at time of dismissal. 3. Certify time of dismissal on OVERTIME REPORT. a. Commanders of large details, e.g., parades, demonstrations, etc., will collect certified OVERTIME REPORT forms from subordinate supervisors and have reports forwarded to permanent commands of member concerned. returned to requesting member at scene. OVERTIME REPORTS will not be 4. Forward OVERTIME REPORT to commanding officer, member's permanent command. ADDITIONAL DATA The maximum amount of compensatory time a uniformed member of the service may accumulate is five (5) days. When the member concerned accrues compensatory time in excess of five (5) days, the excess MUST be taken within thirty (30) days, needs of the service permitting. In any event, compensatory time MUST be taken within one (1) year of the date earned. To enhance auditing procedures regarding court appearances with related overtime, uniformed members of the service will comply with the following when court attendance results in overtime: a. Attach OVERTIME REPORT (PD138-064) to related COURT ATTENDANCE RECORD (PD468-141) and submit to desk officer/supervisor for approval. b. Desk officer/supervisor will ensure that OVERTIME REPORTS and COURT ATTENDANCE RECORDS are properly prepared and attached as required. c. OVERTIME REPORTS submitted for attendance at court without the required COURT ATTENDANCE RECORD attached, shall NOT be approved by desk officer/supervisor without an investigation being conducted. d. After the desk officer/supervisor concludes the investigation, the overtime may be approved if appropriate. However, a copy of the report detailing the facts of the investigation will be attached to the OVERTIME REPORT in lieu of the missing COURT ATTENDANCE RECORD. Payroll clerks shall process OVERTIME REPORTS with COURT ATTENDANCE RECORDS/Investigative Reports attached and file with related PAYMENT REQUESTS (PD138066) as directed by A.G. 320-12., "Overtime Report", COURT ATTENDANCE RECORDS not involving overtime will continue to be filed as directed in P.G. 211-01, "Duties And Conduct In Court". The procedure outlined above will apply whether cash or time compensation is selected for the overtime and regardless of the reason for the court appearance. Any disciplinary action taken for failure to submit OVERTIME REPORTS (PD 138-064) in a timely manner should not impact upon the payment of the overtime to the member of the service who failed to submit the request promptly. Pursuant to the Fair Labor Standards Act, the member must be compensated for the time worked. The penalty for not complying with Department regulations must be a separate disciplinary matter. RELATED PROCEDURES Overtime (A.G. 320-11) Overtime Reports (A.G. 320-12) First and Third Platoon Arrests (P.G. 208-25) Violations Subject to Command Discipline (P.G. 206-03) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COURT ATTENDANCE RECORD (PD468-141) PAYMENT REQUESTS (PD138-066) OVERTIME REPORT (PD138-064) P.G. 205-18 Absent Without Leave Date Effective: 01-01-00 PURPOSE To investigate unauthorized absences of uniformed members of the service. PROCEDURE When a uniformed member of the service is absent without leave for two (2) hours at the beginning of a scheduled tour of duty: DESK OFFICER 1. Make telephone inquiries, including but not limited to: a. Command roll call b. Sick Desk supervisor ([718] 760-7606) c. Court sign-in rooms d. Member's residence. 2. Check Department records maintained in the command, including but not limited to: a. Telephone Record b. ROLL CALL (PD406-144) change sheets. 3. Make inquiries of command personnel as deemed necessary. 4. Request that the desk officer in member's resident precinct have a supervisor respond to the member's residence. NOTE: If member resides outside of New York City, request the Inter-City Correspondence Unit, ([212] 374-5030) to make a notification to the local law enforcement authority concerned and request they respond to the member's residence. IF MEMBER NOT CONTACTED FOUR (4) HOURS AFTER COMMENCEMENT OF TOUR: DESK OFFICER 5. Notify: a. Commanding officer/duty captain b. Borough command/counterpart c. Operations Unit (1) Include actions taken to locate member d. Internal Affairs Bureau Command Center. 6. Make a Command Log entry including facts (inquiries, etc.) and notifications made. COMMANDING OFFICER/DUTY CAPTAIN 7. Conduct an immediate investigation. 8. Telephone results of investigation to the Operations Unit. 9. Enter results of investigation in Command Log. 10. Prepare two (2) copies of a report on Typed Letterhead including: a. Full particulars of the investigation b. Results obtained c. Actions taken or contemplated. NOTE: If the member's commanding officer is NOT performing duty, the duty captain will prepare three (3) copies of the report. 11. Forward ORIGINAL copy of report, without delay, to the Chief of Department, DIRECT, and DUPLICATE copy to the Chief of Department, through channels. NOTE: Duty captains will have the ORIGINAL copy of the report forwarded as indicated above and the two (2) DUPLICATES forwarded to the commanding officer of the member concerned. The member's commanding officer will endorse and forward one (1) copy of the report to the Chief of Department, through channels, and file the remaining copy. WHEN MEMBER IS LOCATED: COMMANDING OFFICER/DUTY CAPTAIN 12. Interview member concerned. a. Ascertain reason for, and location during, absence. NOTE: Members absent without leave for an entire tour will NOT be assigned to duty without the prior permission of the Chief of Department. 13. Notify: a. Operations Unit b. Borough command/counterpart c. Sick Desk supervisor d. Internal Affairs Bureau Command Center. 14. Make a Command Log entry. 15. Prepare a supplementary report, on Typed Letterhead, to the Chief of Department including facts and any disciplinary action taken not previously reported. 16. Forward reports as indicated in step 11 or NOTE following step 11. FORMS AND REPORTS ROLL CALL (PD406-144) Typed Letterhead P.G. 205-19 Vacation Lost Due To Sick Leave Date Effective: 01-01-00 PURPOSE To grant uniformed members of the service vacation days lost during the previous year due to illness or injury. PROCEDURE When a uniformed member of the service loses vacation earned during the previous calendar year due to illness or injury: NOTE: This procedure is applicable for vacation earned during the previous calendar year ONLY. Any additional carry over from prior year is not authorized, except for that earned by uniformed managers (assistant chiefs and above). UNIFORMED MEMBER OF THE SERVICE 1. Prepare two (2) copies of request for vacation days lost, on Typed Letterhead, without delay, addressed to commanding officer, including: a. Number of vacation days lost b. Number of vacation days taken (indicate dates taken) c. Dates of scheduled vacation. If no vacation give reasons selection was made, so state and d. Period of sick report. (Include current year if sick report extended therein.) Indicate total number of calendar days in period. e. Number of calendar days NOT on sick report f. If non-line of duty sick report, indicate the name and location of the hospital, the dates hospitalized and the reason for confinement, if appropriate g. If sick report was due to a line of duty injury, include Medical Division control number and whether due to an old injury. 2. Submit request to commanding officer. COMMANDING OFFICER 3. Inspect records to verify request. 4. Grant vacation days lost as follows: a. Non line-of-duty sick report - hospitalization not required - lost vacation days may not be taken after March 31st of succeeding year. b. Non line-of-duty sick report and member concerned was hospitalized - lost vacation days may not be taken after June 30th of succeeding year. c. Sick report due to line-of-duty injury - lost vacation days may not be taken after December 31st of succeeding year. NOTE: All vacation days lost due to illness or injury MUST be taken prior to the expiration date as indicated in step 4, subdivisions a, b and c, above. Lost vacation days shall not be granted beyond the dates indicated. uniformed managers (assistant chiefs and above). This does not apply to 5. Notify member and have entry/entries made in pertinent record(s). 6. File copy of request in member's personal folder. 7. Instruct member to take leave without delay. ADDITIONAL DATA Authorized vacation quota may be exceeded. RELATED PROCEDURES Vacation Policy (P.G. 203-19) Reporting Sick (P.G. 205-01) FORMS AND REPORTS Typed Letterhead P.G. 205-20 Leave Of Absence Without Pay Twenty-nine (29) Calendar Days Or Less Date Effective: 01-01-00 PURPOSE To process requests for leaves of absence without pay for twenty nine consecutive days or less for all members of the service (uniformed and civilian). SCOPE As used in this procedure, the approving officer will be determined by the number of days requested and the status of the member requesting leave as follows: a. One (1) through twenty-nine (29) calendar days and the member is an entry-level probationary uniformed member of the service - Police Commissioner. b. One (1) through twenty-nine (29) calendar days and the member is an entry level probationary civilian member or a non-permanent civilian member, i.e., provisional, temporary, etc., (except sick leaves without pay) - Chief of Personnel. c. One (1) day leave - commanding officer of member concerned. d. Two (2) through twenty-nine (29) calendar days for all other members of the service not listed above - deputy commissioners, bureau chiefs, borough commanders. PROCEDURE When a uniformed or civilian member of the service requires leave without pay for twenty-nine (29) consecutive calendar days or less: MEMBER OF THE SERVICE 1. Notify commanding officer/supervisory head of intent to request leave of absence without pay for twenty-nine (29) consecutive calendar days or less. COMMANDING OFFICER 2. Interview member concerned to determine necessity for leave. MEMBER OF THE SERVICE 3. Submit three (3) copies of LEAVE OF ABSENCE REPORT (PD433-041) to commanding officer/supervisory head. COMMANDING OFFICER 4. Make entry on reverse side of LEAVE OF ABSENCE REPORT under caption space "Reasons for any recommendations made." 5. Sign all copies of LEAVE OF ABSENCE REPORT. NOTE: A leave of absence without pay will be granted ONLY after all other ACCRUED leave has been exhausted (except as indicated in A.G. 319-14, Civilian Employment Reporting Sick", step 5, as relates to sick leave without pay for civilian members only). 6. Forward two (2) copies of approved LEAVE OF ABSENCE REPORT for all leaves in which the commanding officer is the approving officer direct to the Personnel Orders Section and file the third (3rd) copy. 7. Forward all copies of LEAVE OF ABSENCE REPORT for all other requests to approving officer direct after endorsing and making recommendations. APPROVING MEMBER 8. Examine request and recommendations of applicant's commanding officer. 9. Endorse and forward two (2) copies of approved leave request direct to Personnel Orders Section. 10. Return third (3rd) copy of approved leave request to applicant's command for notification to applicant and file. 11. Return all copies of LEAVE OF ABSENCE REPORT if request is disapproved. COMMANDING OFFICER 12. Notify member of approved/disapproved leave. C.O., PERSONNEL ORDERS SECTION 13. Forward one (1) copy of approved LEAVE OF ABSENCE REPORT to Payroll Section. ADDITIONAL DATA Whenever a civilian member is in a no pay status for a maximum of eight (8) hours, ensure that the timekeeper enters the appropriate LWOP code on the Employee Time Report (ETR). If the member is in an LWOP status for a period greater than one (1) day, timekeepers will: a. Immediately notify Payroll Section - Timekeeping Unit b. Enter letters L-W-O-P for each day on the ETR c. Have entry made in the command's Telephone Record concerning the notification. Whenever a uniformed member is in an LWOP status for any length of time, ensure that the timekeeper performs steps a, b, c above. DO NOT enter any time on the ETR. RELATED PROCEDURES Child Care Leave of Absence (P.G. 205-28) Civilian Employee - Combined Confinement and Infant Care Leave (A.G. 319-24) Leave of Absence Without Pay - Thirty (30) Calendar Days or More (P.G. 205-21) Definite Military Leave (P.G. 205-22) Indefinite Military Leave (P.G. 205-23) Civilian Employee - Miscellaneous Leaves (A.G. 319-12) Civilian Employee - Reporting Sick (A.G. 319-14) Civilian Employee - Extended Sick Leave for Line of Duty Injury (A.G. 319-16) FORMS AND REPORTS LEAVE OF ABSENCE REPORT (PD433-041) P.G. 205-21 Leave Of Absence Without Pay Thirty (30) Calendar Days Or More Date Effective: 01-01-00 PURPOSE To process requests for leaves of absence without pay for thirty (30) consecutive days or more (except child care, military and civilian sick leaves) for all members of the service (uniformed and civilian). SCOPE As used in this procedure, the approving officer will be determined as follows: a. Uniformed members (except as indicated in P.G. 205-28, "Child Care Leave Of Absence") - Police Commissioner b. Civilian members - Chief of Personnel. PROCEDURE When a uniformed or civilian member of the service requires leave without pay for thirty (30) consecutive calendar days or more: MEMBER OF THE SERVICE 1. Notify commanding officer/supervisory head of intent to request leave of absence without pay for thirty (30) consecutive calendar days or more at least six (6) weeks before anticipated date leave will commence. COMMANDING OFFICER 2. Interview member concerned to determine necessity for leave. 3. Direct member concerned to contact the Military and Extended Leave Desk immediately for instructions. MEMBER OF THE SERVICE 4. Submit all forms to commanding officer/supervisory head as directed by the Military and Extended Leave Desk. COMMANDING OFFICER 5. Confer with borough commander, by telephone, outlining details of leave request. 6. Endorse member's leave request recommending approval/disapproval, as appropriate, to the Commanding Officer, Military and Extended Leave Desk based on conferral with the borough commander. 7. Forward informational copy of leave request to borough commander. C.O., MILITARY AND EXTENDED LEAVE DESK 8. Endorse request through channels to approving officer making recommendation based on individual circumstances, Department policy, and any other factors considered for such recommendation. COMMANDING OFFICER 9. Notify member concerned when approval/disapproval of leave has been received. 10. Ensure that member's revolvers, pistols, and Department property (except Patrol Guide) are surrendered and indicate such on PROPERTY RECEIPT/DISCONTINUANCE OF SERVICE (PD520-013), if leave has been approved. 11. Distribute PROPERTY RECEIPT/DISCONTINUANCE OF SERVICE, as follows: a. Original - to Military and Extended Leave Desk b. First copy - to member requesting leave of absence c. Second copy - command file d. Remaining copies - filed in member's Personal Folder. NOTE: For civilian members, forward IDENTIFICATION CARD (PD416-091) to the Employee Management Division, by messenger, with a report on Typed Letterhead, indicating the reason for surrender. C.O., PERSONNEL ORDERS SECTION 12. Direct transfer of member to the Military and Extended Leave Desk after member's leave request has been approved. ADDITIONAL DATA A leave of absence without pay will be granted ONLY after the member concerned has exhausted all ACCRUED leave (except for military leave and sick leave without pay for civilians as indicated in A.G. 319-14, "Civilian Employee Reporting Sick"). A uniformed member's vacation is granted January 1st for that year but is not to be considered accrued until the member is in a full pay status for the required number of days in a particular month. All Department property, including firearms, will be surrendered on the member's last tour of duty prior to commencement of a leave of absence. While on leave of absence, a member will be required to appear for any hearings or trials in which the member is the arresting officer, witness, or respondent and the Commanding Officer, Military and Extended Leave Desk will be so notified of such appearance. A leave of absence without pay may be terminated prior to its scheduled expiration date upon advance notification to the Military and Extended Leave Desk. RELATED PROCEDURES Leave of Absence Without Pay - Twenty-nine (29) Calendar Days or Less (P.G. 205-20) Definite Military Leave (P.G. 205-22) Indefinite Military Leave (P.G. 205-23) Child Care Leave of Absence (P.G. 205-28) Civilian Employee - Miscellaneous Leaves (A.G. 319-12) Civilian Employee - Reporting Sick (A.G. 319-14) Civilian Employee - Extended Sick Leave for Line of Duty Injury (A.G. 319-16) Civilian Employee - Combined Confinement and Infant Care Leave (A.G. 319-24) FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) PROPERTY RECEIPT/DISCONTINUANCE OF SERVICE (PD520-013) Typed Letterhead P.G. 205-22 Definite Military Leave Date Effective: 07-28-00 PURPOSE To grant members of the service (uniformed and civilian) leaves of absence to perform military duty for a period or periods not exceeding a total of thirty (30) calendar days or twenty-two (22) working days (or its equivalent in hours for civilian members of the service), whichever is greater, in any one (1) calendar year. DEFINITIONS CALENDAR DAY - Any day a member of the service performs military duty or is scheduled to perform military duty regardless of whether the member is scheduled to work or on a regular day off (RDO). WORK DAY - Any day where the member is excused from performing duty with this Department to attend a military drill. Excusals from work to attend military drill require documentation that the member is being ordered to attend and documentation that they attended drill. DRILL SCHEDULE - An advance schedule (i.e., quarterly, semi-annual or annual) from a member's Reserve or National Guard Unit which indicates the dates the member will be performing military duty for the Federal fiscal year, which runs from October to September. UNSCHEDULED DRILL - A drill date not in conformance with the drill schedule. PROCEDURE When ordered to report for military duty for thirty (30) days or less: MEMBER OF THE SERVICE 1. Provide respective timekeeper with copy of current drill schedule and military unit telephone number. 2. Submit LEAVE OF ABSENCE REPORT (PD 433-041) and Standard Military Order to timekeeper at least two (2) weeks prior to commencement of leave. a. Ensure military leave captions on LEAVE OF ABSENCE REPORT are completed listing actual hours of drill (broad time frames such as 0001 to 2400 hours are not acceptable. NOTE: A request for military leave to attend an unscheduled drill must be accompanied by a Standard Military Order indicating the reason. The Standard Military Order must be signed by the member's military unit commander or other designated commissioned officer. 3. Notify roll call personnel and timekeeper immediately if drill is cancelled after LEAVE OF ABSENCE REPORT was submitted and perform scheduled tour of duty. TIMEKEEPER 4. Maintain a MILITARY ABSENCE RECORD (PD433-147) for each member of the command who is a drilling reservist. 5. Ensure that a copy of member's current military contract or commissioning orders and current drill schedule are attached to the inside cover MILITARY ABSENCE RECORD. NOTE: Timekeeper will ensure that an additional copy of member's current military contract is on file at the Military and Extended Leave Desk. Failure to have a current contract on file will result in the respective member not accruing any military excusals for the calendar year. 6. Using the most recent Payroll Management System Leave Balances Report (711), determine the number of calendar days and work days the member has available. 7. Make entry on member's Employee Time Record (ETR) as follows: IF MEMBER IS SCHEDULED TO WORK AND: a. BOTH CALENDAR AND WORK DAY BALANCES ARE POSITIVE: * Record event code 4650 and enter 00:01 under each day member is on (including regular days off (RDOs) military duty and event code 4652 and enter 00:01 (4651 and 0700/0800 depending on length of tour if civilian member of the service) for each day member is on military duty on scheduled work days. b. ONLY WORK DAY BALANCE IS POSITIVE: * Record event code 4652 (4651 for civilian members of the service) for each day member is on military duty on scheduled work days only. c. ONLY CALENDAR DAY BALANCE IS POSITIVE: * Record event code 4650 for each work day and each regular day off (RDO) that member is on military duty and event code 4653 (4655 if civilian member of the service) for each scheduled work day. d. BOTH CALENDAR AND WORK DAY BALANCES ARE ZERO: * Record event code to charge another leave balance at member's discretion for days where the member was scheduled to perform police duty or charge leave without pay (code 3270). NOTE: Contact the Military and Extended Leave Desk at (212) 374-3854 for instructions if member chooses the option of leave without pay. A member must have exhausted all thirty (30) military calendar days and twenty-two (22) work days before leave without pay is granted. IF MEMBER IS NOT SCHEDULED TO WORK AND: e. CALENDAR DAY BALANCE IS POSITIVE: * Record event code 4650 for each regular day off (RDO) that member is on military duty. f. CALENDAR DAY BALANCE IS ZERO: * No entries required. NOTE: No documentation is required if a member's military drill falls solely on their regular days off (RDOs). However, timekeepers must be aware of the scheduled drill dates and they must charge the member a calendar day for every drill attended on members regular day off (RDO). DESIGNATED SUPERVISOR 8. Approve LEAVE OF ABSENCE REPORT if military leave papers are in order. NOTE: Excusals for authorized military leave, where member has submitted required documentation (i.e., current contract, drill schedule and standard orders), cannot be denied. MEMBER OF THE SERVICE 9. Submit a Certificate of Attendance to timekeeper within ten (10) days after return from military duty. NOTE: The Certificate of Attendance must be signed by the member's military unit commander or other designated commissioned officer. 10. Notify integrity control officer and timekeeper upon return to duty of failure to attend drill for which leave was requested/granted. TIMEKEEPER 11. File Standard Military Order together with Certificate of Attendance in MILITARY ABSENCE RECORD. 12. Make appropriate entries on MILITARY ABSENCE RECORD as per instructions on form. 13. File completed MILITARY ABSENCE RECORD in member's personnel folder at the end of the calendar year. 14. Notify integrity control officer when member: a. Submits request for military leave without Standard Military Orders b. Fails to provide Certificate of Attendance for drill where member was excused from police duty. [Rev 00-3] PRINCIPAL ADMIN. ASSOCIATE 15. Conduct quarterly self-inspection using the Payroll Management System MO49 Report on military records of command to ensure compliance with procedure. 16. Notify the Operations Coordinator and Integrity Control Officer when member fails to provide: a. Current military contract/commission orders b. Current drill schedule NOTE: In commands where there is no principal administrative associate assigned, the commanding officer concerned will designate a member of the service to perform the above functions. INTEGRITY CONTROL OFFICER 17. Conduct investigation if member fails to furnish any of the documents mentioned in steps 14 and 16. a. If member attended drill, but neglected to submit the required Certificate of Attendance within ten (10) day period, appropriate disciplinary action will be taken. b. If it is determined that the member failed to attend the Reserve/National Guard Drill after time off was granted, charges and specifications will be initiated. DESIGNATED MEMBER AT MILITARY AND EXTENDED LEAVE DESK 18. Monitor Payroll Management System M049 Report for every command on monthly basis to ensure that there are no negative balances. 19. Forward a request to conduct an investigation to the integrity control officer of the concerned command, where negative balance exists. NOTE: In addition to contacting the military unit when verifying attendance, integrity control officers may request that the member produce their military Leave Earning Statement (LES) for the drill which the member failed to provide a Certificate of Attendance. ADDITIONAL DATA Members of the Reserves or National Guard are required to furnish to their timekeeper two (2) copies of any separation certificate, discharge, or transfer orders within thirty (30) days of such change. One (1) copy will be sent to the Military and Extended Leave Desk and the other will be filed in the member's personnel folder. If a member fails to submit a current drill schedule, the integrity control officer will ascertain if such failure was due to their transfer to inactive reserve or discharge. The integrity control officer will notify the Commanding Officer, Military and Extended Leave Desk, in writing, and the member will be removed from the active reserve roster. All Military Orders and Certificates of Attendance must be in the format illustrated in Appendix "A". RELATED PROCEDURES Indefinite Military Leave (P.G. 205-23) FORMS AND REPORTS LEAVE OF ABSENCE REPORT (PD433-041) MILITARY ABSENCE RECORD (PD433-147) APPENDIX "A" SAMPLE OF STANDARD MILITARY ORDER AND CERTIFICATE OF ATTENDANCE DEPARTMENT OF THE ARMY ALPHA COMPANY 104TH INFANTRY BATTALION New York Army National Guard 123 New York Avenue New York, NY. 10018 Date _______________ REPLY TO: ATTN OF: SUBJECT: ORDERED MILITARY DUTY TO: WHOM IT MAY CONCERN THIS IS TO CERTIFY THAT _______________________________________________ NAME RANK SSAN IS ORDERED TO ATTEND REQUIRED MILITARY DRILL WITH THIS UNIT. FROM: TO: DATE ________________ DATE ________________ HOURS _________________ HOURS _________________ PLACE OF DUTY: _______________________________________________________ THIS DUTY IS IN ACCORDANCE WITH THE ESTABLISHED DRILL SCHEDULE (Circle) YES NO IF NO IS INDICATED, PLEASE EXPLAIN REASON (S) FOR THE UNSCHEDULED DUTY:______________________________________________________ Carlos R. Bermudez Captain, IN, NYARNG Commanding --------------------------------------------------------------------------DEPARTMENT OF THE ARMY ALPHA COMPANY 104TH INFANTRY BATTALION New York Army National Guard 123 New York Avenue New York, NY. 10018 Date _______________ REPLY TO: ATTN OF: SUBJECT: CERTIFICATE OF ATTENDANCE TO: WHOM IT MAY CONCERN THIS IS TO CERTIFY THAT _______________________________________________ NAME RANK SSAN DID ATTEND MILITARY DRILL FROM: DATE ________________ HOURS _________________ TO: DATE ________________ HOURS _________________ Carlos R. Bermudez Captain, IN, NYARNG Commanding P.G. 205-23 Indefinite Military Leave Date Effective: 10-17-03 PURPOSE To process absence for military leave, exceeding thirty (30) days. PROCEDURE When a member of the service (uniformed or civilian) receives orders to report for military duty for a period exceeding thirty (30) days: MEMBER OF THE SERVICE 1. Notify commanding officer/supervisory head immediately upon receiving orders to report for military duty for a period exceeding thirty (30) day. COMMANDING OFFICER 2. Direct member concerned to contact the Military and Extended Leave Desk immediately for instructions. MEMBER OF THE SERVICE 3. Submit all forms to commanding officer/supervisory head as directed h the Military and Extended Leave Desk. COMMANDING OFFICER 4. Ensure that member's revolvers, pistols, and all Department property [excluding the Patrol Guide and the IDENTIFICATION CARD (PD416-091)] are surrendered and indicate such fact on PROPERTY RECEIPT/DISCONTINUANCE OF POLICE SERVICE (PD520-013). a. Under caption "Member is Applying for," indicate "Indefinite Military Leave of Absence." 5. Distribute form PROPERTY RECEIPT/DISCONTINUANCE OF POLICE SERVICE as follows: a. Original - attach to member's request for indefinite military lease and forward direct to Commanding Officer, Military and Extended Leave Desk, if request has already been forwarded when member surrenders property. b. First Copy - to member going on leave. c. Second Copy - precinct file. d. Remaining Copies - filed in member's Personal Folder. 6. Ensure that member, if authorized, has utilized all thirty (30) calendar days/twenty-two (22) work days, as outlined in PG. 205-22, "Definite Military Leave." NOTE: All paid military entitlements must be utilized before use of other leave or leave without pay will be granted if member is authorized such paid military entitlements. 7. Endorse member's leave request recommending approval and forward direct to Commanding Officer, Military and Extended Leave Desk. 8. Direct that a telephone notification be made to the Payroll Section indicating the date a member commences military leave without pay. MEMBER OF THE SERVICE 9. Report any change in service address or duty assignment (with copy of transfer orders) immediately after change occurs. 10. Contact the Military and Extended Leave Desk immediately upon discharge for instructions to return to duty. ADDITIONAL DATA All Department property and firearms (except Patrol Guide and IDENTIFICATION CARD) must be surrendered on the member's last tour of duty prior to commencement of indefinite military leave of absence. RELATED PROCEDURES Definite Military Leave (P.G. 205-22) FORMS AND REPORTS PROPERTY RECEIPT/DISCONTINUANCE OF POLICE SERVICE (PD520-013) Typed Letterhead P.G. 205-24 Special Leave For Members Of The Armed Forces Date Effective: 01-01-00 PURPOSE To establish eligibility for Veterans Day, Memorial Day and/or Independence Day leave of absence. SCOPE ELIGIBILITY REQUIREMENTS: Veterans Day and Memorial Day a. Service on active duty in the armed forces of the United States and honorably discharged or separated under honorable conditions. (Members who served as reservists on extended ACTIVE DUTY FOR TRAINING ONLY, are not entitled to this excusal). b. Service in the armed forces of a country allied with the United States in World War II, or during the Korean conflict between June 25, 1950 and January 31, 1955, or during the Vietnam conflict between January 1, 1963 and May 7, 1975. Independence Day a. Service in, and honorably discharged from, the Naval Militia, National Guard or Reserve forces of the Armed Forces at a time when the United States was not at war. The date that will serve as the basis for special leave excusal will be the date on which this Department observes the holiday. PROCEDURE When seeking to establish eligibility for Veterans Day, Memorial Day and/or Independence Day leave of absence: UNIFORMED MEMBER OF THE SERVICE 1. Submit to commanding officer/supervisory head, copy of: a. Honorable Discharge and/or Separation Certificate (DD 214) with any other document(s) which substantiates eligibility for Veterans Day and Memorial Day leave of absence. b. Honorable Discharge and/or Military Order indicating separation was under honorable conditions from National Guard, Naval Militia or Reserve forces of the United States, together with any other documentation indicating entitlement to Independence Day leave of absence. C.O. /SUPV. HEAD 2. Forward all documentation to C.O., Military and Extended Leave Desk. C.O., MILITARY AND EXTENDED LEAVE DESK 3. Review all documentation submitted to determine if member is entitled to leave. 4. Prepare appropriate "color coded" Special Leave for Former Members of the Armed Forces Certificate (Misc. 899N) indicating leave to which member is entitled, as follows: a. Blue certificate - Independence Day b. Pink certificate - Memorial and Veterans Days c. Yellow certificate - Memorial, Independence and Veterans Days. 5. Forward certificate and all submitted documents to commanding officer/supervisory head concerned. C.O. /SUPV. HEAD 6. Cause color-coded certificate and supporting documentation to be placed in member's Personal Folder. ADDITIONAL DATA Due to exigencies of the service, leave will be granted, as follows: * Captains - according to the needs of the service. * One lieutenant in a precinct. * Three sergeants in a precinct where seven (7) or more are performing duty. * Two sergeants in a precinct where there are less than seven (7) performing duty. * Not more than 40% of the total number of police officers entitled to this leave in a precinct. Commands other than precincts, 40% equitably apportioned among various ranks. Preference will be given to senior members in each rank. In order to be granted excusal under this procedure, the member must take the excusal for the holiday on the day the holiday is observed by this Department. However, if the uniformed member works the holiday (either as a scheduled workday or on an overtime basis), said member will be excused from one (1) tour for such day upon request (exigencies of the service permitting). This excusal must be utilized within six (6) months of the specific holiday. Uniformed members of the service who are on vacation, sick report, absent with leave or excused from duty on any of these days, according to their regular duty chart are NOT eligible for this leave. If a member had been previously turned down for entitlements under this procedure, and the uniformed member supplies new documents to substantiate entitlements, copies of all documents will be forwarded as outlined above. If a "new" color-coded card is issued as a result of additional military excusal entitlements, the previously issued color-coded card will be returned to the Military and Extended Leave Desk. P.G. 205-25 Bereavement Leave Date Effective: 01-01-00 PURPOSE To grant a member of the service (uniformed or civilian) leave of absence with pay upon death of: a. An immediate family member, OR b. Domestic partner, OR c. Covered relative of a domestic partner. DEFINITIONS IMMEDIATE FAMILY - Spouse, natural, foster or stepparent, child, brother or sister, father-in-law, mother-in-law, or any relative residing in the household. DOMESTIC PARTNERS - Two (2) persons, both of whom are eighteen (18) years of age or older, neither of whom is married, or related by blood in a manner that would bar their marriage in New York State, who have a close and committed personal relationship, who live together and have been living together on a continuous basis, who have registered as domestic partners and have not terminated the domestic partnership in accordance with Executive Order 49, 1993. COVERED RELATIVE OF A DOMESTIC PARTNER - Parent or child of domestic partner, or a relative of a domestic partner who resides in the household. PROCEDURE When a death occurs for which a member of the service (uniformed or civilian) is entitled to bereavement leave: MEMBER OF THE SERVICE 1. Prepare LEAVE OF ABSENCE REPORT (PD433-041). a. Roll call clerk will prepare LEAVE OF ABSENCE REPORT if member unable to make personal application. 2. Submit LEAVE OF ABSENCE REPORT to commanding officer. COMMANDING OFFICER 3. Grant four (4) consecutive tours of duty with full pay. NOTE: If death occurs, for which bereavement leave is granted to a civilian member of the service, while the member is on vacation, the vacation is not extended by such leave. 4. Verify death and relationship. a. Have member produce the official notice of death, if deceased is in military service of the United States. IF DEATH INVOLVES DOMESTIC PARTNER OR COVERED RELATIVE OF A DOMESTIC PARTNER: COMMANDING OFFICER 5. Contact Employee Management Division when a member of the service (uniformed or civilian) requests a bereavement leave for death of a domestic partner or covered relative of a domestic partner (see ADDITIONAL DATA, re: Designation of Domestic Partner/Covered Relative). EMPLOYEE MANAGEMENT DIVISION 6. Forward a request for verification, in writing, of domestic partner relationship to Citywide Personnel Policies and Standards Division, New York City Department of Personnel. 7. Advise commanding officer concerned when verification is obtained that requesting member had designated the deceased as a domestic partner/covered relative of a domestic partner. ADDITIONAL DATA TERMINATION OF DOMESTIC PARTNERSHIP - A domestic partner may terminate a registered domestic partnership by filing a termination statement with the City Clerk. The person filing the termination statement shall declare that the domestic partnership is terminated and if the termination statement has not been signed by both domestic partners, that the other domestic partner has been notified of such termination by registered mail, return receipt requested A new domestic partnership may be registered after six (6) months has elapsed from the filing date of the termination statement. Any information concerning an employee's entitlement to bereavement leave under Executive Order # 49 must be kept confidential. Under no circumstances may such information be used for purposes other than entitlement to bereavement leave. RELATED PROCEDURE Civilian Employee Miscellaneous Leave (A.G. 319-12) FORMS AND REPORTS LEAVE OF ABSENCE REPORT (PD433-041) P.G. 205-26 Jury Duty Leave For Uniformed Members Of The Service Date Effective: 01-01-00 PURPOSE To provide a set of guidelines to be followed by those uniformed members of the service directed to appear for jury duty in Federal, State, and City courts, as well as other municipal courts in the resident counties. NOTE: Although uniformed members of the service are no longer exempt from jury duty due to their occupation as police officers, they may still attempt to claim an exemption under other circumstances as listed on the exemption claim form. PROCEDURE When a uniformed member of the service is directed to appear for jury duty in court: UNIFORMED MEMBER OF THE SERVICE 1. Notify commanding officer immediately upon receipt of a notice to appear for jury duty. The commanding officer shall ensure that entries concerning scheduled dates to appear for jury duty are entered in the command diary. NOTE: Uniformed member's regular work schedule as it pertains to days off shall not be adjusted to accommodate his/her jury duty appearance. On days in which a uniformed member performs jury duty that are his/her regular days off, the member shall be entitled to retain the jury duty fee. Uniformed members scheduled to work on a day in which they are also scheduled for jury duty will be excused from their regular tour of duty and will begin their tour at 0800 hours for payroll purposes (the length of the tour shall be consistent with the officer's normal chart) and will be required to remit to the city any jury duty fee they receive. Members whose jury duty appearance ends before the end of their scheduled tour shall be required to notify their command for instructions or request lost time, needs of the service permitting. Members will not be entitled to receive overtime compensation for jury duty service that goes beyond the end of their scheduled tour. Uniformed members shall be entitled to keep travel fees as provided by the courts. 2. Provide official documentation of the jury duty service, including dates and times of attendance in the form of a court issued Certificate of Service, to the integrity control officer. The integrity control officer shall review the forms and ensure that members have complied with the provisions of this order. Failure to provide such documentation may result in disciplinary action. 3. Opt to do one of the following when a jury duty appearance conflicts with a scheduled annual vacation: a. Attempt to postpone their jury duty appearance. b. Cancel their vacation pick or portion thereof. Notify command, if successful. Notify command. c. Perform jury duty on vacation and retain jury duty fees for those days. command. Notify 4. Notify commanding officer and the district attorney's office concerned when jury duty conflicts with other Department scheduled court appearances. If necessary, commanding officers are to prepare and forward a written request to the appropriate county Commissioner of Jurors on Department letterhead explaining the conflict and reason for excusal from jury duty. The explanation should be accompanied by proof of member's unavailability for jury duty, such as a subpoena from the District Attorney's office. If the Department is unable to resolve the conflict, the matter will be referred to the District Attorney's office for further attention. 5. Comply with the directives of the court concerning your next jury duty appearance when placed on ALERT. If activated, members shall immediately notify their command and be scheduled according to the provisions of paragraph 1 through 4 of this order. 6 Notify command and/or Medical Division, if required, and the appropriate court, if reporting sick while on jury duty. Normal sick leave procedures shall apply regarding performance of police duty, however, members on sick leave who are directed to appear at jury duty will notify the Medical Division. The Medical Division will carry the member in the "Out of Residence Log," when such member is performing jury duty. Members are required to notify the Medical Division immediately upon returning to their residence from jury duty. ADDITIONAL DATA Uniformed members shall be guided by the rules of the courts concerning carrying of their off-duty firearms while on jury duty. Fees rendered for jury duty will be processed in the same manner for uniformed members as for civilian members as listed in A.G. 319-22, "Civilian Employee - Reimbursement to City for Jury Service." Any questions concerning the contents of this procedure should be referred to the Office of Labor Relations at (212) 374-5060. P.G. 205-27 Pregnancy Related Guidelines For Uniformed Members Of The Service Date Effective: 01-01-00 PURPOSE To notify the Department when a female uniformed member of the service receives a positive result from a pregnancy test conducted by her private physician. DEFINITION PREGNANCY STATUS - A female uniformed member of the service who is placed on nonenforcement duties by her district surgeon due to her pregnancy condition. This status is similar to restricted duty. PROCEDURE When a uniformed member of the service is informed by her private physician that she is pregnant: UNIFORMED MEMBER OF THE SERVICE 1. Notify district surgeon by telephone of pregnancy condition. 2. Send follow-up notification, indicating confirmation of pregnancy and due date via: a. FAX AND: b. Department mail (send original documentation from private physician). NOTE: Pregnant members of the service will not have to personally visit their district surgeon to report their positive pregnancy condition. DISTRICT SURGEON CONCERNED 3. Place member of the service on "pregnancy status" after receiving telephonic, mail and FAX notification. 4. Send member's medical records to the Pregnancy Medical District. 5. Send a note to member's private physician explaining Department guidelines concerning pregnancy assignment and sick policy, when necessary and appropriate. UNIFORMED MEMBER OF THE SERVICE 6. Comply with P.G. 205-01, "Reporting Sick," when unable to perform duty due to illness or other physical condition. a. Report to Pregnancy Medical District any time it is necessary to see a surgeon. 7. Comply with P.G. 204-03, "Uniforms," as it relates to the wearing of the uniform. PREGNANCY MEDICAL DISTRICT SURGEON 8. Commence sick leave for pregnant member of the service approximately four (4) weeks before the expected date of delivery. 9. Terminate sick leave approximately six (6) weeks following delivery. NOTE: In some circumstances, pregnant members of the service will commence sick leave prior to the fourth (4th) week before their expected date of delivery. These decisions will be made on a case by case basis by the Pregnancy Medical District Surgeon. UNIFORMED MEMBER OF THE SERVICE 10. Telephone the Pregnancy Medical District Surgeon on the following two (2) occasions: a. To confirm actual delivery date - this should be done within ten (10) days of said date. b. During the fifth (5th) post-delivery week to allow the Pregnancy Medical District Surgeon to determine the member's return to duty date. (1) Provide the Pregnancy Medical District Surgeon with documentation, if additional sick time is required. NOTE: The continuance of sick leave and the determination of the member's status will be made by the Pregnancy Medical District Surgeon. PREGNANCY MEDICAL DISTRICT SURGEON 11. Reassign medical records of members of the service back to her original medical district after her return to full duty status. ADDITIONAL DATA The Pregnancy Medical District located at 1 Lefrak City Plaza, 59-17 Junction Boulevard, Corona, New York, will include a specifically designated surgeon and a nurse exclusively assigned. Additionally, when required to see the Pregnancy Medical District Surgeon, pregnant members will be seen in a separate area or at a separate time to avoid possible exposure to illness. Once placed on "pregnancy status," by the district surgeon, the member may be reassigned to another command which performs non-enforcement duties. (e.g., the Medical Division, etc.) or may remain within the permanent command depending upon the needs of the Department. Pregnant uniformed members of the service will no longer be required to make routine pregnancy visits to the surgeon. Recurring pregnancy related illness will be counted as one (1) sick report, if the member provides proper documentation from her private physician and with the approval of the Pregnancy Medical District Surgeon. Repeated "undocumented" and "unapproved" sick leaves can lead to a "chronic sick" designation. The following conditions, if minor, will not automatically be valid reasons for pregnancy related absence: a. Nausea (morning sickness) b. Lower back pain c. Mild leg swelling d. Fatigue e. Other conditions limited to a few days duration. The above listed conditions are considered by the medical profession to be a normal part of pregnancy. If a member of the service reports sick for these minor conditions, the sick report will not be valid for consolidation as an absence related to pregnancy illness. A pass MAY be granted, if the Pregnancy Medical District Surgeon determines that the issuance of such a pass would not adversely affect the member's health. The predelivery pass becomes void after hospitalization. Pregnancy status does not preclude a member of the service from being promoted. Pregnant members of the service, as well as members on restricted duty/limited capacity, assigned to "Investigative Track Units" may appeal any deductions of investigative time earned, while on "pregnancy status," if they were performing normal investigative duties during that time period. (see A.G. 320-35, "Promotion to Third Grade Detective (Investigator)." When a pregnant member is required to appear in court, before a Grand Jury or other government agency, she may appear in business attire or uniform. Pregnant members are not required to attend the Firearms and Tactics qualification cycles. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Uniforms (P.G. 204-03) Absence Control (A.G. 318-12) Chronic Absence Control Program (A.G. 318-13) P.G. 205-28 Child Care Leave Of Absence Date Effective: 01-01-00 PURPOSE To process requests for child care leave of absence, without pay, made by uniformed members of the service. DEFINITION CHILD CARE LEAVE OF ABSENCE - An unpaid leave of absence for a continuous period not to exceed three hundred and sixty-five (365) days commencing no later than one (1) year after the birth of the member's child, natural or adopted. As used in this procedure, the approving officer will be the Chief of Personnel. PROCEDURE When a uniformed member of the service requires child care leave of absence without pay: UNIFORMED MEMBER OF THE SERVICE 1. Notify commanding officer/supervisory head of intention to request leave of absence a minimum of six (6) weeks prior to anticipated birth date of child, or six (6) weeks prior to date when uniformed member of the service wishes to commence leave of absence, as appropriate. COMMANDING OFFICER 2. Direct uniformed member of the service to contact the Military and Extended Leave Desk immediately for instructions. UNIFORMED MEMBER OF THE SERVICE 3. Submit all forms to commanding officer/supervisory head as directed by the Military and Extended Leave Desk. COMMANDING OFFICER 4. Ensure that member's firearms, shield, IDENTIFICATION CARD (PD416-091), helmet, gas card and mace are surrendered and indicate such on PROPERTY RECEIPT/DISCONTINUANCE OF SERVICE (PD520-013). a. Under caption "MEMBER IS APPLYING FOR" indicate EXTENDED LEAVE OF ABSENCE WITHOUT PAY." 5. Distribute PROPERTY RECEIPT/DISCONTINUANCE OF SERVICE as follows: a. Original - Attach to member's request for leave of absence. b. First Copy - To member requesting leave of absence. c. Second Copy - Command file. d. Remaining Copies - Filed in member's Personal Folder. 6. Endorse member's leave request, as appropriate, recommending APPROVAL and forward DIRECT to Commanding Officer, Military and Extended Leave Desk. 7. Direct that a telephone notification be made to the Payroll Section indicating the date member's leave will commence. C.O., MILITARY AND EXTENDED LEAVE DESK 8. Direct that an appropriate background check be conducted on requesting member. 9. Endorse member's request for leave as necessary and forward to Chief of Personnel for approval. C.O., PERSONNEL ORDERS SECTION 10. Direct transfer of member requesting leave to the Military and Extended Leave Desk after request has been APPROVED. ADDITIONAL DATA A child care leave of absence without pay has been exhausted. A uniformed member's year, but is not to be considered accrued for the required number of tours for that will be granted only after all accrued leave vacation is granted January 1, for that unless the member is in a "full pay" status month. A uniformed member of the service who requests a child care leave of absence without pay for less than thirty (30) days will be guided by P.G. 205-20, "Leave of Absence Without Pay Twenty-Nine (29) Days or Less." Member will receive no pay during the leave of absence. Member will be required to make up this time lost before member will be considered eligible for retirement. This time on leave will not be credited for pension purposes. Any time in excess of six (6) months on leave - no pay status - will be considered a break in continuous service, and thereby preclude vested interest retirement for five (5) years after return to duty. All Department property, except the Patrol Guide, must be surrendered on the member's last tour of duty, prior to commencement of leave of absence. Extensions of a child care leave of absence without pay will NOT be granted. A member may terminate such leave prior to the scheduled expiration date upon advance notification to the Commanding Officer, Military and Extended Leave Desk. While on a leave of absence, a uniformed member of the service will be required to appear for any hearings or trials in which the member is the arresting officer, witness, or respondent and will notify the Commanding Officer, Military and Extended Leave Desk prior to such appearance. The Military and Extended Leave Desk will make salary payment computations upon documentation of mandatory appearance. A member of the service will not be considered ineligible for promotion solely because of an approved leave of absence. If a member is scheduled for promotion during the leave, member will be notified by the Department to be present on the day of the promotion. Any extended leave of absence without pay may effect health benefits. Members on leave of absence will, however, be able to purchase health insurance for a limited period of time at a group rate. Questions may be referred to the Health Insurance Section at (212) 374-7654. RELATED PROCEDURES Leave of Absence without Pay Thirty(30) Calendar Days Or More (P.G. 205-21) FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) PROPERTY RECEIPT/DISCONTINUANCE OF SERVICE (PD520-013) P.G. 205-29 Random Drug Screening Date Effective: 01-01-00 PURPOSE To randomly test uniformed members of the service in an effort to establish a credible deterrent to illegal drug/controlled substance usage. SCOPE The Department's goal is to ensure that uniformed members of the service do not use illegal drugs or abuse drugs/controlled substances and maintain a high standard of performance in a safe, drug free environment. NOTE: Uniformed members of the service assigned to commands within the Organized Crime Control Bureau, Internal Affairs Bureau and probationary police officers in training at the Police Academy will be subject to separate random drug screening procedures. PROCEDURE To randomly identify uniformed members of the service for illegal drug/controlled substance testing: C.O., MEDICAL DIVISION 1. Direct Management Information Systems Division to identify uniformed members of the service for automated random testing by utilizing the department's personnel database. a. Individual members selected for testing will be identified by social security number. 2. Direct members selected to appear at the Medical Division at appropriate date and time. UNIFORMED MEMBER OF THE SERVICE SELECTED FOR TESTING 3. MUST report to Medical Division when notified, except if member is on: a. Sick report b. Regularly scheduled day off c. Military leave d. Annual vacation e. Terminal leave f. Bereavement leave. NOTE: Members previously scheduled for individual days off (other than regular days off) may be excused with the approval of the bureau chief concerned. Members scheduled for court or training on the 8x4 tour will appear for testing immediately upon completion of court or training session. Members scheduled for a 12x8 tour on both the day prior to and the scheduled test date will appear for testing during the 8x4 tour on the testing date. Members reporting sick on the assigned test date will be required to visit a Police Surgeon and obtain approval for excusal from the test. Members missing a scheduled test for any reason will be rescheduled for testing as soon as possible irrespective of any random sampling selection. 4. MUST submit to drug screening. Refusal to submit to test will result in suspension and will be grounds for dismissal from the Department. 5. Prior to testing, prepare form listing all foods ingested in the past twenty-four (24) hours, and alcohol, mixers and medicine ingested in the past seventy-two (72) hours. 6. Present shield and identification card upon request at testing location to insure proper individual has reported for testing. 7. Comply with instructions received at testing location. ADDITIONAL DATA Privacy and dignity will be protected. Except in unusual circumstances, urine samples will be taken at a facility operated by the Medical Division, or at another health care facility. The samples will be given in maximum feasible privacy when urine samples are collected. Only one (1) person of the same sex will be present with the person being tested. Except in unusual circumstances, the monitor will be a supervisory officer/health care professional assigned to the Medical Division. The supervisory officer/health care professional monitoring the procedure will observe the sample being given. Two (2) samples will be taken, each in a separate vial. Prior to testing, a code number assigned to the member and the date of the testing will be affixed to each vial. The code number will be logged separately with the member's name. The member being tested will then initial the vial stickers. The vials will be sealed in the member's presence after the sample has been given. Appropriate chain of custody procedures will be followed at all times. One (1) or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation. Negative test results will not be maintained, but will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty (60) days of notification of such result, submit a written request to the Department Advocate's Office for further independent retesting of the original sample. For urine, a Department chemist and a member designated by the Department will accompany the sample during retesting in order to preserve the chain of custody. All retesting expenses, including chain of custody, will be paid by the affected member of the service. Testing will only be done for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in department Charges and Specifications and suspension. RELATED PROCEDURES Suspension From Duty Uniformed Member Of The Service (P.G. 206-08) Administration Of Drug Screening Tests For Cause (P.G. 205-30) Drug Screening Tests For Uniformed Members Of The Service Applying For Assignments To The Internal Affairs Bureau And Detective Bureau (P.G. 205-31) Drug Screening Tests For Uniformed Members Of The Service As A Condition Of Discretionary Promotion (P.G. 205-34) P.G. 205-30 Administration Of Drug Screening Tests For Cause Date Effective: 01-01-00 PURPOSE To investigate and detect illegal drug use by members of the service (uniformed and civilian). SCOPE The administration of drug-screening tests are procedures utilized by this Department to detect the presence of drugs in the urine or hair of members of the service suspected of illegal drug usage. To balance the public interest in having a drug-free Police Department against the individual employee's right to privacy, drug-screening tests will be administered when there is a reasonable suspicion to believe that an individual member of the service (uniformed or civilian) is illegally using drugs. When reasonable suspicion does exist, the member suspected of using drugs MUST provide the drug-screening samples when directed; refusal will result in immediate suspension from duty and subsequent service of charges and specifications. PROCEDURE When a member of the service suspects that another member (uniformed or civilian) may be using drugs illegally: MEMBER OF THE SERVICE 1. Immediately notify commanding officer/duty captain or Internal Affairs Bureau Command Center ([212] 741-8401). a. Provide rank, name and command of suspected member. COMMANDING OFFICER/DUTY CAPTAIN 2. Notify Internal Affairs Bureau Command Center and obtain a log number. SUPERVISOR DIRECTED TO CONDUCT INVESTIGATION SUPERVISOR CONDUCTING INVESTIGATION 3. Determine if a REASONABLE SUSPICION has been established indicating drug use. NOTE: Reasonable Suspicion - Exists when evidence or information, which appears reliable, is known to the police supervisor and is of such weight and persuasiveness as to make the supervisor, based upon his/her judgement and experience, reasonably suspect that a particular member of the service is illegally using drugs. A reasonable suspicion that a member is illegally using drugs must be supported by specific articulable facts from which rational inferences may be drawn. Reasonable suspicion cannot be based upon mere "hunch" or solely upon poor work performance. 4. Prepare INVESTIGATING OFFICER'S REPORT (PD313-153) and record observations and other pertinent data. NOTE: If suspicion of drug use is based on observation of the suspected member's physical appearance, at least two (2) supervisors must make observations. 5. Prepare a case folder for documentation of all aspects of investigation. 6. Confer with own immediate supervisor if reasonable suspicion has been established that member is using drugs illegally. 7. Contact bureau chief/counterpart/borough commander, upon completion of investigation to obtain approval for drug screening tests. a. If circumstances indicate drug-screening samples must be obtained expeditiously, immediately contact bureau chief/counterpart/borough commander for approval. BUREAU CHIEF/COUNTERPART/BOROUGH COMMANDER 8. Approve request for drug screening test ONLY after carefully determining that investigating supervisor's report has established reasonable suspicion. 9. Direct that member giving drug screening samples be placed on modified assignment pending results of test, unless other circumstances warrant suspension. NOTE: Approval of bureau chief/counterpart/borough commander must be obtained prior to administration of the drug-screening tests. If bureau chief/counterpart/borough commander is not available, executive officer concerned or duty chief, may be contacted for approval. SUPERVISOR CONDUCTING INVESTIGATION 10. Contact Medical Division ([718] 760-7632) when approval is received for administration of drug screening tests and obtain serial numbers. a. Obtain serial numbers even if member refuses tests. b. Include drug screening tests serial numbers in case folder along with all other documentation. NOTE: If Medical Division is closed, contact Sick Desk supervisor ([718] 760-7606). 11. Advise member suspected of drug usage that refusal to give samples will result in immediate suspension from duty. 12. Notify the Department Advocate that drug screening tests were ordered, provide all pertinent information and obtain identity of member notified. a. Notify Medical Division to make entry in "Drug Screening Test Log" under caption "DEPARTMENT ATTORNEY NOTIFIED." MEMBER CONCERNED, MEDICAL DIVISION 13. Inform investigating supervisor where samples will be taken and procedure to be followed. 14. Maintain "Drug Screening Test Log" in an appropriate Department record book, captioned across a double page, as follows: First Page Drug Screening Test# Date Time Name of Member Tested Second Page Delivering Date/Time Officer Delivery ADDITIONAL DATA Tax Registry Number Department Command Witness To Attorney Test Member Requesting Test Results of Test Command Remarks A police surgeon, specifically a medical doctor employed by the Department, may order drug-screening tests without securing prior approval of the bureau chief/counterpart/borough commander concerned. However, when a police surgeon desires tests for a member of the service he suspects of illegally using drugs, the police surgeon will confer with the Supervising Chief Surgeon or designee, if feasible. To further protect the employee's right to privacy in those cases in which the results of the drug-screening test do not indicate the presence of a narcotic substance or marijuana, the investigator's case folder will be sealed. The folder will not be unsealed without the written authorization of the Deputy Commissioner - Legal Matters. The case folder will be filed in the appropriate borough Investigations Unit with a copy to the Internal Affairs Bureau. Furthermore, any reference to the administration of the drug-screening tests in the personal folder of the member concerned will be expunged. An investigating supervisor finding controlled substances contraband, i.e., drugs or instruments used to administer drugs, e.g., hypodermic syringes/needles, crack pipes, etc., on or in the vicinity of a suspected member of the service (uniformed or civilian) will have such items invoiced on PROPERTY CLERK'S INVOICE (PD521-141) as investigatory evidence and comply with the pertinent provisions of P.G. 218-24, "Processing Controlled Substances/Marijuana Stored At Station Houses" and P.G. 218-25, "Processing Controlled Substances/Marijuana Not Stored At Station Houses". In addition, the investigating supervisor will have the following statement printed in large block letters on top of the INVOICE: "NOT TO BE DESTROYED WITHOUT APPROVAL OF DEPARTMENT ADVOCATE'S OFFICE." Privacy and dignity will be protected. The urine specimens will be given in maximum feasible privacy. Except in unusual circumstances, only one (1) person of the same sex will be present with the testee to observe the sample being given. Two (2) urine samples will be taken, each in a separate vial. Prior to testing, the code number assigned by the Medical Division and date of test will be affixed to each vial. The code number will be logged separately with the member's name. The member being tested and the witness will then initial the vial stickers. The vials will be sealed in the member's presence after the urine sample has been given. Appropriate procedures will be followed at all times to maintain a chain of custody. Three (3) samples samples should be will be placed in initialed by both of hair will be taken, cut as close to the scalp as possible. The taken from the same body area, preferably the head. The samples the supplied envelopes, appropriately identified, sealed and the subject and the collector. These envelopes will be placed in plastic bags and sealed by the collector and then initialed by the test subject. Appropriate procedures will be followed at all times to maintain a chain of custody. One (1) or more scientifically accepted initial screening tests will be employed in analysis. Positive reports will be made only after final confirmation. Positive test samples will be maintained by the analyzing laboratory in a secure area, and remain confidential unless and until Department disciplinary charges and specifications are served. A member whose test(s) are positive may, within sixty (60) days of notification of such results, submit a written request to the Department Advocate's Office for further retesting of the original sample(s). When retesting urine, a Department chemist and member designated by the Department will accompany the sample during retesting in order to preserve the chain of custody. When retesting hair, the third sample of hair stored at the Medical Division will be forwarded to a lab of the member's choice. The lab must be certified to perform drug testing by New York State, the United States Department of Health and Human Services or the College of American Pathologists. Appropriate procedures will be followed at all times to maintain a chain of custody. All retesting expenses, including chain of custody, will be paid by the affected member of the service. Positive test results, which indicate illegal or illicit drug use, will result in Department charges and specifications, and suspension. RELATED PROCEDURES Reporting Violations Observed By Supervisors (P.G. 206-01) Preparation of Charges and Specifications (P.G. 206-05) Service And Disposition Of Charges And Specifications (P.G. 206-06) Interrogation Of Members Of The Service (P.G. 206-13) Cause For Suspension/Modified Assignment (P.G. 206-07) Suspension From Duty-Uniformed Members Of The Service (P.G. 206-08) Modified Assignment (P.G. 206-10) FORMS AND REPORTS INVESTIGATING OFFICER'S REPORT (PD313-153) PROPERTY CLERK'S INVOICE (PD521-141) P.G. 205-31 Drug Screening Tests For Uniformed Members Applying For Assignments To Designated Specialized Units Date Effective: 01-01-00 PURPOSE To screen for possible illegal drug and controlled substance use by uniformed members of the service applying for assignment to designated specialized units. DEFINITION DESIGNATED SPECIALIZED UNITS - For the purpose of this procedure will include: Organized Crime Control Bureau, Internal Affairs Bureau, Detective Bureau, Special Operations Division (includes Patrol Borough Staten Island Units), Intelligence Division, Traffic Control Division's Highway District, Quality Assurance Division, Patrol Borough Staten Island Detective Operations, and any other unit subsequently designated as specialized. SCOPE The Department and individual officers assigned to designated specialized units have a substantial interest in ensuring that members applying for this assignment do not use illegal drugs or abuse drugs/controlled substances, maintain a high standard of performance and are performing assignments in a safe, drug free environment. NOTE: Applicants for assignment to the Detective Bureau, from other than Organized Crime Control Bureau commands, are subject to drug screening prior to such assignment. PROCEDURE Uniformed members of the service applying for assignment to designated specialized units: UNIFORMED MEMBER OF THE SERVICE 1. MUST sign form indicating that they understand drug screening is part of the application process for assignment designated specialized units. a. The initial screening can occur at any time after application has been submitted, or after member is assigned or temporarily assigned to the designated specialized unit. NOTE: Prior to being notified to report for a drug screening test or prior to being assigned or temporarily assigned to a designated specialized unit, applicants may withdraw their application with no penalty by submitting a written request to their commanding officer. 2. MUST submit to test when notified to report for drug screening. Refusal to submit to the test will result in suspension and will be grounds for dismissal from the Department. All applicants will be tested. NOTE: In all cases, if a uniformed member of the service refuses to submit to test, permanent command will be responsible for suspending member and complying with P.G. 206-08, "Suspension from Duty-Uniformed Member Of The Service." 3. Prior to testing, prepare form listing all foods ingested in the past twenty-four (24) hours, and alcohol, mixers and medicine ingested in the past seventy-two (72) hours. 4. Present shield and identification card to be checked at the testing location to insure that the proper individual has reported for testing. 5. Comply with instructions received at testing location. ADDITIONAL DATA Privacy and dignity will be protected. Except in unusual circumstances, urine samples will be taken at a facility operated by the Medical Division, or at another health care facility. When urine samples are collected, they will be given in maximum feasible privacy. Only one (1) person of the same sex will be present with the person being tested. Except in unusual circumstances, the monitor will be a supervisory officer or health care professional assigned to the Medical Division. The supervisory officer or health care professional monitoring the procedure will observe the sample being given. Two (2) samples will be taken, each in a separate vial. Prior to testing, a code number assigned to the member and the date of the testing will be affixed to each vial. The code number will be logged separately with the member's name. The member being tested will then initial the vial stickers. The vials will be sealed in the member's presence after the sample has been given. Appropriate chain of custody procedures will be followed at all times. One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation. Negative test results will not be maintained, but will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secured area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty (60) days of notification of such result, submit a written request to the Department Advocate's Office for further independent retesting of the original sample. For urine, a Department chemist and a member designated by the Department will accompany the sample during the retesting in order to preserve the chain of custody. All retesting expenses, including chain of custody, will be paid by the affected member of the service. Testing will only be done for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Suspension. Drug screening for uniformed members of the service permanently assigned to designated specialized units will continue to be subject to Department-wide random drug testing as per P.G. 205-29, "Random Drug Screening". RELATED PROCEDURES Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) Administration Of Drug Screening Tests For Cause (P.G. 205-30) Random Drug Testing (P.G. 205-29) Drug Screening For Uniformed Members Of The Service As A Condition Of Discretionary Promotion (P.G. 205-34) P.G. 205-32 Drug Screening Tests For Uniformed Members Applying For And Assigned To O.C.C.B. Date Effective: 01-01-00 PURPOSE To screen for possible illegal drug and controlled substance use by uniformed members of the service applying for, and assigned to Organized Crime Control Bureau. SCOPE The Department and individual officers assigned to Organized Crime Control Bureau have a substantial interest in ensuring that uniformed members of the service assigned to the Organized Crime Control Bureau do not abuse drugs. In this assignment, the sternest precautionary safeguards are necessary to provide for a drug free working environment and ensure that there are no drug abusers who jeopardize the safety of fellow officers. PROCEDURE Uniformed members of the service applying for and currently assigned to the Organized Crime Control Bureau: O.C.C.B. APPLICANTS 1. MUST sign form indicating that they understand drug screening is part of the application process and a condition of continued assignment to the Organized Crime Control Bureau. a. The initial screening can occur at any time after application has been submitted, or while on temporary assignment to Organized Crime Control Bureau. NOTE: Prior to being notified to report for a drug screen test or prior to temporary assignment to Organized Crime Control Bureau, whichever occurs first, applicants may withdraw their application with no penalty by submitting a written request to their Commanding Officer. Once assigned to Organized Crime Control Bureau, member will be subject to continuing random drug testing as long as they are assigned to the Organized Crime Control Bureau. 2. MUST submit to test when notified to report for drug screening. Refusal to submit to the test will result in suspension and will be grounds for dismissal from the department. All applicants will be tested. NOTE: In all cases, if a uniformed member of the service refuses to submit to test, permanent command will be responsible for suspending member and complying with P.G 206-08,"Suspension From Duty". UNIFORMED MEMBERS OF THE SERVICE CURRENTLY ASSIGNED TO ORGANIZED CRIME CONTROL BUREAU: 3. MUST sign a form stating that they understand that random drug screening is a condition of continued assignment to Organized Crime Control Bureau and they will be subject to continued random drug testing as long as they are assigned to Organized Crime Control Bureau. Members will be screened whenever they are randomly selected for testing and will be subject to testing as many times as they are randomly selected during their tenure in the Organized Crime Control Bureau. NOTE: A uniformed member currently assigned to Organized Crime Control Bureau who declines to sign the notice form, will be immediately transferred from the Organized Crime Control Bureau to another assignment, with no penalty and with no loss in rank or salary. 4. MUST submit to test when notified to report for drug screening. Refusal to submit to test will result in suspension and will be grounds for dismissal from the department. NOTE: Members of the service in the rank of captain or above who are transferred to the Organized Crime Control Bureau will also be subject to random drug screening. DIRECTOR, M.I.S.D. 5. Prepare computer program to generate a random selection of Organized Crime Control Bureau uniformed members for testing, based solely on the member's social security number. UNIFORMED MEMBER OF THE SERVICE TO BE TESTED 6. Prior to testing, prepare form listing all foods, alcohol, mixers and medicine ingested in the past seventy-two (72) hours. 7. Present shield and identification card to be checked at the testing location to insure that the proper individual has reported for testing. 8. Comply with instructions received at testing location. ADDITIONAL DATA Privacy and dignity will be protected. Except in unusual circumstances, urine samples will be taken at a facility operated by the Medical Division, or at another health care facility. The samples will be given in maximum feasible privacy. Only one (1) person of the same sex will be present with the person being tested. Except in unusual circumstances, the monitor will be a supervisory officer assigned to the Medical Division. The supervisory officer monitoring the procedure will observe the sample being given. Two (2) samples will be taken, each in a separate vial. Prior to testing, a code number assigned to the member and the date of the testing will be affixed to each vial. The code number will be logged separately with the member's name. The member being tested will then initial the vial stickers. The vials will be sealed in the member's presence after the sample has been given. Appropriate chain of custody procedures will be followed at all time. One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation by Gas Chromatography-Mass Spectrometry. Negative test results will not be maintained, but will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secured area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty (60) days of notification of such result, submit a written request to the Department Advocate's Office for further independent retesting of the original sample. A Department chemist and a member designated by the Department will accompany the sample during retesting in order to preserve the chain of custody. All retesting expenses, including chain of custody, will be paid by the affected member of the service. Testing will only be done for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Suspension. RELATED PROCEDURES Administration Of Drug Screening Tests For Cause (P.G. 205-30) Random Drug Testing (P.G. 205-29) Drug Screening Tests For Uniformed Members Of The Service Applying For Assignment To The Internal Affairs Bureau And Detective Bureau (P.G. 205-31) P.G. 205-33 Drug Screening For Uniformed Members Of The Service Applying For Assignment Within Special Operations Division And Other Specialized Units Date Effective: 01-01-00 PURPOSE To screen for possible illegal drug and controlled substance use by uniformed members of the service applying for assignment to Special Operations Division units and other designated specialized units. DEFINITION OTHER DESIGNATED SPECIALIZED UNITS - For the purpose of this procedure will include Traffic Control Division's Highway District and Patrol Borough Staten Island Highway/Emergency Service Unit and Street Crime Suppression Unit. SCOPE The Department and the individual members assigned to Special Operations Division Units and other designated specialized units have a substantial interest in ensuring that members applying for assignment do not abuse drugs, maintain a high standard of performance, and are performing their assignments in a drug free environment. PROCEDURE Uniformed members of the service applying for assignment to Special Operations Division units and other designated specialized units: APPLICANTS FOR ASSIGNMENT 1. Must sign form indicating that they understand that drug screening is part of the application process for assignment to the Special Operations Division and other designated specialized units. a. This initial screening may occur at any time after the application has been submitted, or while temporarily assigned to the units. NOTE: Prior to being notified to report for a drug screening test or prior to being temporarily assigned to the Special Operations Division or other designated specialized units, whichever occurs first, applicants may withdraw their applications with no penalty by submitting a written request to their Commanding Officer. 2. Must submit to test when notified to report for drug screening. Refusal to submit to the test will result in suspension and will be grounds for dismissal from the Department. All applicants will be tested. NOTE: In all cases in which a uniformed member of the service refuses to submit to a test, the member's permanent command will be responsible for suspending the member and complying with P.G. 206-08, "Suspension From Duty-Uniformed Member Of The Service." UNIFORMED MEMBERS BEING TESTED 3. Prior to testing, prepare form listing all foods, alcohol, mixers and medicine ingested in the past seventy-two (72) hours. 4. Present shield and IDENTIFICATION CARD (PD416-091) to be checked at the testing location to ensure that the proper individual has reported for testing. 5. Comply with instructions received at the testing location. ADDITIONAL DATA Privacy and dignity will be protected. Except in unusual circumstances, urine samples will be taken at a facility operated by the Medical Division, or at another health care facility. The samples will be given in the maximum feasible privacy. Only one (1) person of the same sex will be present with the person being tested. Except in unusual circumstances, the monitor will be a supervisory officer/health care professional assigned to the Medical Division. The supervisory officer/health care professional monitoring the procedure will observe the sample being given. Two (2) samples will be taken, each in a separate vial. Prior to testing, a code number assigned to the member and the date of the testing will be affixed to each vial. The code number will be logged separately with the member's name. The member being tested will then initial the vial stickers. The vials will be sealed in the member's presence after the sample has been given. Appropriate chain of custody procedures will be followed at all times. One (1) or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation by Gas Chromatography-Mass Spectrometry. Negative test results will not be maintained, but will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secured area, and will remain confidential unless and until Department disciplinary CHARGES AND SPECIFICATIONS (PD 468-421) are served. A member whose test is positive may, within sixty (60) days of notification of such result, submit a written request to the Department Advocate's Office for further independent retesting of the original sample. A Department chemist and a member designated by the Department will accompany the sample during retesting in order to preserve the chain of custody. All retesting expenses, including chain of custody, will be paid by the affected member of the service. Testing will only be done for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department CHARGES AND SPECIFICATIONS and suspension. Drug screening for uniformed members of the service permanently assigned to the Special Operations Division and other designated specialized units will continue to be subject to Department-wide random drug testing as per P.G. 205-29, "Random Drug Screening". RELATED PROCEDURES Administration Of Drug Screening Tests For Cause (P.G. 205-30) Random Drug Screening (P.G. 205-29) Drug Screening For Uniformed Members Of The Service Applying For And Assigned To The Organized Crime Control Bureau (P.G. 205-32) FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) CHARGES AND SPECIFICATIONS (PD468-421) P.G. 205-34 Drug Screening For Uniformed Members Of The Service As A Condition Of Discretionary Promotion Date Effective: 01-01-00 PURPOSE To screen for possible illegal drug and controlled substance use by uniformed members of the service granted discretionary promotions. SCOPE The Department has a substantial interest in ensuring that members being considered for discretionary promotion maintain a high standard of integrity, do not use illegal drugs or abuse drugs/controlled substances, and are performing in a safe, drug free environment. DEFINITION DISCRETIONARY PROMOTION - For the purpose of this procedure, a "discretionary" promotion is a promotion that is not received as a result of a competitive civil service examination. Promotion to the following ranks is considered discretionary and is covered by this procedure: Detective Specialist, Detective Third Grade, Detective Second Grade, Detective First Grade, Sergeant/Special Assignment, Sergeant/Supervisor Detective Squad, Lieutenant/Special Assignment, Lieutenant/Commander Detective Squad, Deputy Inspector, Inspector, Deputy Chief, Assistant Chief, Bureau Chief and Chief of the Department. Under this procedure, all candidates for discretionary promotion are subject to drug screening. PROCEDURE Uniformed members of the service who are candidates for discretionary promotion: CANDIDATE FOR PROMOTION 1. Sign form DRUG SCREENING NOTICE-DISCRETIONARY PROMOTION (PD481-030) which indicates that the candidate understands that screening is part of the candidate process for discretionary promotion. a. The required screening can occur at any time after the form is signed, but not more than ninety (90) days prior to promotion, or no more than eighteen (18) months after the candidate has been promoted. PRE-PROMOTION PROCEDURES Members may withdraw as candidates for promotion with no penalty by submitting a written request to their commanding officer. This request should be made after receiving notification of promotion but prior to actual promotion. (If the candidate has already signed the DRUG SCREENING NOTICE-DISCRETIONARY PROMOTION form, but has not yet been promoted, the candidate may still withdraw from consideration at any time prior to receiving a notification to report for a drug screening test). The candidate's commanding officer will immediately forward two (2) copies of this request to the Chief of Personnel (original through channels, copy DIRECT). POST-PROMOTION PROCEDURES After being promoted but prior to being notified to report for a drug screening, members of the service may seek restoration to their civil service title with no penalty or requirement to submit to a drug screening, by submitting a written request to their commanding officer, who will immediately forward two (2) copies of this request to the Chief of Personnel (original through channels, copy DIRECT). CANDIDATE FOR PROMOTION 2. Submit to test when notified to report for drug screening. a. Refusal to submit to the test will result in suspension and will be grounds for dismissal from the Department. b. All candidates for discretionary promotion will be tested. NOTE: In all cases, if a uniformed member of the service refuses to submit to the test, the permanent command will be responsible for suspending the member and complying with P.G. 206-08, "Suspension From Duty-Uniformed Member Of The Service". 3. Prepare Medical Division DRUG SCREENING QUESTIONNAIRE (PD439-1519) listing all foods ingested within twenty-four (24) hours, and, alcohol, mixers and medicine ingested in the past seventy-two (72) hours, prior to testing. 4. Present shield and IDENTIFICATION CARD (PD 416-091) to be checked at the testing location to insure that the proper individual has reported for testing. 5. Comply with instructions received at testing location. ADDITIONAL DATA Privacy and dignity will be protected. Except in unusual circumstances, urine samples will be taken at a facility operated by the Medical Division, or at another health care facility. When urine samples are collected, they will be given in maximum feasible privacy. Only one (1) person of the same sex will be present with the person being tested. Except in unusual circumstances, the monitor will be a supervisory officer/health care professional assigned to the Medical Division. The supervisory officer/health care professional monitoring the procedure will observe the sample being given. Two (2) samples will be taken, each in a separate vial. Prior to testing, a code number assigned to the member and the date of the testing will be affixed to each vial. The code number will be logged separately with the member's name. The member being tested will then initial the vial stickers. The vials will be sealed in the member's presence after the sample has been given. Appropriate chain of custody procedures will be followed at all times. One (1) or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation. Negative test results will not be maintained, but will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty (60) days of notification of such result, submit a written request to the Department Advocate's Office for further independent retesting of the original sample. For urine, a Department chemist and a member designated by the Department will accompany the sample during retesting in order to preserve the chain of custody. All retesting expenses, including chain of custody, will be paid by the affected member of the service. Testing will only be done for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Specifications and suspension. Uniformed members of the service, screened under this procedure will continue to be subject to Department wide random drug testing as per P.G. 205-29, "Random Drug Screening". RELATED PROCEDURES Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) Administration Of Drug Screening Tests For Cause (P.G. 205-30) Random Drug Screening (P.G. 205-29) Drug Screening Tests For Uniformed Members Of The Service Applying For Assignment To The Internal Affairs Bureau And Detective Bureau (P.G. 205-31) FORMS AND REPORTS DRUG SCREENING NOTICE-DISCRETIONARY PROMOTION (PD481-030) DRUG SCREENING QUESTIONNAIRE (PD439-1519) IDENTIFICATION CARD (PD416-091) P.G. 205-35 Voluntary Drug Testing Date Effective: 01-01-00 PURPOSE To request permission to voluntarily take a screening test to determine illegal drug and controlled substance use. SCOPE This procedure is available to members of the service (uniformed and civilian) who are the subject of unsubstantiated allegations of illegal drug or controlled substance use where the reasonable suspicion standard has not been met. Prior to requesting permission to take a voluntary drug-screening test, which will consist of both hair and urine samples, members involved must consult with an attorney or appropriate line organization representative. PROCEDURE Member of the service (uniformed or civilian) requesting to voluntarily consent to a drug screening test: MEMBER OF THE SERVICE 1. Prepare a request on Typed Letterhead, addressed to the Chief of Personnel, asking permission to voluntarily take a drug-screening test. a. The request must contain: (1) The name of the union representative or attorney consulted re: taking the drug screening test, and (2) The circumstances under which the member was accused of illegal drug use. 2. Deliver the request, personally, to the Chief of Personnel or designee. NOTE: The request must be delivered to the Chief of Personnel or designee within twenty-four (24) hours of the time the member of the service became aware of the allegation of illegal drug use. CHIEF OF PERSONNEL/DESIGNEE 3. Verify that the requesting member was in fact the subject of an allegation of illegal drug use upon receipt of the request. 4. Determine if member of the service became aware of the allegation of illegal drug use within twenty-four (24) hours of receipt of Typed Letterhead. 5. Direct requesting member of the service to report to the Medical Division for voluntary drug screening test. ADDITIONAL DATA The restrictive nature of this procedure should result in a small number of drug screening tests; however, the existence of this procedure will contribute to the goal of a drug free department. This procedure is not available to members of the service who have been notified to report for drug screening pursuant to the random drug screening procedure. RELATED PROCEDURES Administration Of Drug Screening Tests For Cause (Dole) Tests for Cause (P.G. 205-30) FORMS AND REPORT Typed Letterhead P.G. 205-36 Employment Discrimination Interim Order 33 Issued 08-13-03 Suspends Patrol Guide 205-36 PURPOSE To process and resolve all employee complaints of discrimination including gender discrimination, sexual harassment and related retaliation against those who make a complaint of discrimination, including retaliation, or those who cooperate in such an investigation. SCOPE Applicants and members of the service who have a complaint of discrimination, including retaliation, or have any questions regarding these issues, are urged to contact the Office of Equal Employment Opportunity. It is the goal of this Department that the effective use of this procedure will result in an equitable resolution of the complaint and prevent any discriminatory practice from harming other employees. Managers and supervisors are directed to make all employment decisions in accordance with the Department's equal employment opportunity policy. Any supervisor or Equal Employment Opportunity Liaison who becomes aware of any discrimination/retaliation complaint or problem MUST report the complaint or problem to the Office of Equal Employment Opportunity, which will determine the merits of the complaint or problem. Federal, State and City laws and Department Manual, prohibit discrimination based on actual or perceived status of a person's age, race, religion, creed, color, national origin, gender, disability, marital status, sexual orientation, genetic predisposition or carrier status, prior arrest or conviction record (under some circumstances), alienage or citizenship status, or as a victim of domestic violence, as follows: a. Discriminatory treatment regarding any term, condition or privilege of employment including hiring, assignments, working conditions, salary and benefits, evaluations, promotions, training, transfers, discipline, and termination. b. Sexual harassment of employee(s) by another employee(s). c. Policy that has a disproportionate impact on a group specifically protected by law, unless the policy is justified by business necessity. d. Failure to make a reasonable accommodation (if possible, without undue hardship to the employer) for an employee with a disability, or for an employee's religious observance. e. Discriminatory harassment, intimidation, ridicule, insults, including, but not limited to, using discourteous, disparaging or disrespectful remarks. f. Retaliation and/or harassment against an employee for filing a discrimination complaint or for cooperating in the investigation of a complaint. All forms of discrimination, including retaliation, are prohibited both in the actual workplace and in any location that can be reasonably regarded as an extension of the workplace, such as an off-site Department sanctioned social function. A member of the service should file a complaint with the Office of Equal Employment Opportunity at the earliest opportunity, if the employee believes that a manager, supervisor or any other employee has engaged in any of the conduct described above. NOTE: OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT OF EMPLOYMENT DISCRIMINATION (PD413-150) forms must be readily available at all New York City Police Department facilities. Additionally, this form is available for viewing and printing via the New York City Police Department's Intranet for those individuals who have access to the Department's Local Area Network (LAN). DEFINITIONS EMPLOYMENT DISCRIMINATION - disparate treatment of employees regarding any terms, conditions or privileges of employment including hiring, assignments, working conditions, salary and benefits, evaluations, promotions, training, transfers, discipline and termination, based on actual or perceived status of a person's age, race, religion, creed, color, national origin, gender, disability, marital status, sexual orientation, genetic predisposition or carrier status, prior arrest or conviction record (under some circumstances), alienage or citizenship status, or as a victim of domestic violence. Sexual harassment is a form of gender discrimination. NOTE: The Department prohibits the display of offensive sexual, ethnic, racial, religious or other discriminatory material. Displays might be in the form of graffiti drawn on Department property (e.g. lockers, vehicles, in toilet facilities, ACTIVITY LOGS [PD112-145], Notice of Parking Violations, summonses, or any other Department forms, etc.), posters, (e.g. centerfolds of magazines, etc.), audio recording or broadcast, or an adult movie/program shown through the use of a video cassette recorder (VCR) or received through an adult channel from a cable television company. Refer to P.G. 205-37, "Sexual, Ethnic, Racial, Religious, or other Discriminatory Slurs through Display of Offensive Material," for guidelines on handling incidents involving the display of offensive material. SEXUAL HARASSMENT - unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or c. Such conduct has the effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment. NOTE: Conduct which can, in certain circumstances, be considered sexual harassment includes, but is not limited to, sexually suggestive remarks, pictures, gesturing, verbal harassment or abuse of a sexual nature, subtle or direct propositions for sexual favors, and any unnecessary, or unwanted, touching, patting or pinching. DISABILITY - a physical, medical, mental, or psychological impairment which substantially limits one or more of the major life activities of the individual; a history or record of such impairment; or being regarded as having such an impairment. NOTE: An applicant or employee who requires an accommodation for a qualified disability and/or religious observance shall complete a "Request for Reasonable Accommodation" form for New York City Police Department employee/job applicant, as appropriate. These forms must be readily available at all New York City Police Department facilities and copies can be reproduced from the "Appendix" of the annual E.E.O. Policy Book. RETALIATION - it is unlawful to retaliate against or harass any person for filing an Equal Employment Opportunity complaint or for cooperating in the investigation of an Equal Employment Opportunity complaint or opposing or reporting any policies, practices, or action which he/she believes to be discriminatory. Any member of the service who engages in such retaliation or harassment will be subject to discipline. REPORTING REQUIREMENTS I. Any non-supervisory member of the service who becomes aware of an employment discrimination complaint or problem is strongly encouraged to report the complaint or the problem to the Office of Equal Employment Opportunity (O.E.E.O.), a supervisor at any level, or an E.E.O. Liaison. II. Any non-supervisory member of the service who (1) becomes aware of a complaint or problem of retaliation for making an E.E.O. complaint or participating in an E.E.O. investigation, or (2) is asked or encouraged to retaliate against a member of the service for making an E.E.O. complaint or participating in an E.E.O. investigation, is strongly encouraged to report that conduct to the O.E.E.O., a supervisor at any level, or an E.E.O. Liaison. III. Any supervisor or E.E.O. Liaison who observes conduct of a discriminatory nature, becomes aware of an allegation or complaint of discrimination or sexual harassment, or who observes or becomes aware of any act of retaliation regarding E.E.O. matters, must notify the O.E.E.O., via telephone, or in person, by the next business day. IV. Any supervisor, who notifies the O.E.E.O. as per subdivision III above, must submit a report on Typed Letterhead, to the O.E.E.O., within five (5) business days. PROCEDURE When a member of the service (uniformed or civilian) or an applicant for employment believes that discrimination or sexual harassment exists as defined herein, and as more fully explained in the Equal Employment Opportunity Policy Statement (SP 297) and/or Sexual Harassment Policy Statement (SP 281), or that retaliation relating to E.E.O. issues has occurred: MEMBER CONCERNED 1. File a complaint with any of the following: a. Supervisor (uniformed or civilian), b. Supervisory head, c. Commanding officer, d. Office of Equal Employment Opportunity. e. Equal Employment Opportunity Liaison. NOTE: Trained Equal Employment Opportunity Liaisons have been designated throughout the Department to provide assistance to complainants, witnesses and others regarding any Equal Employment Opportunity matter. A complete list of E.E.O. Liaisons is located in the "Appendix" of the annual E.E.O. Policy Book. Members of the service may telephone the Office of Equal Employment Opportunity anonymously to file a complaint and/or discuss matters regarding discrimination. An Office of Equal Employment Opportunity investigator will be able to provide counseling and take appropriate follow-up action. Members concerned should understand that the cooperation of complainants and witnesses may be needed to rectify or address a problem of discrimination. SUPERVISOR/SUPERVISORY HEAD/C.O./E.E.O. LIAISON 2. Immediately upon observing conduct of a discriminatory or retaliatory nature, or becoming aware of an allegation or complaint of discrimination, sexual harassment, or retaliation relating to E.E.O. issues, telephone facts to the O.E.E.O., during business hours, or the next business day, Monday through Friday, 0800 to 1800 hours, at telephone number (646) 610-5330. (If non-business hours, leave message on voice mail and an O.E.E.O. investigator will contact caller.) a. Obtain O.E.E.O. case number when applicable, and name of the O.E.E.O. investigator. b. Supervisors and E.E.O. Liaisons will be guided by information received from the O.E.E.O. NOTE: Any supervisor who becomes aware of any employment discrimination complaint or problem must, as soon as practicable, take such actions as directed by the O.E.E.O. to prevent employment discrimination, including sexual harassment, and related retaliation from occurring in the future. Such actions may include, but not be limited to, ordering informal counseling for the respondent, ordering instruction on E.E.O. matters for members of the command/unit, advising members of the command/unit that employment discrimination, including sexual harassment, and retaliation are prohibited, and/or advising the respondent that the N Y.P.D. will not tolerate such behavior and that discipline may result. Any supervisor who fails to take actions as directed by the O.E.E.O. will be subject to discipline. 3. Forward written report, on Typed Letterhead, to the O.E.E.O., within five (5) business days. NOTE: Any supervisor or E.E.O. Liaison who fails to report an employment discrimination complaint or problem, including retaliation, to the O.E.E.O. as required, and/or within the required time frames and/or who fails to take such actions as directed by the O.E.E.O. to prevent employment discrimination, including sexual harassment and retaliation, from occurring in the future will be subject to disciplinary action. OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY 4. Notify commanding officer/supervisory head, if/when appropriate. 5. Emphasize to the commanding officer/supervisory head and all others concerned that reprisal or retaliation, against complainants and/or witnesses, is against the law and allegations of retaliation will be investigated and, if substantiated, members will be subject to disciplinary action. 6. Record required data in appropriate O.E.E.O. record and assign a case number to all E.E.O. complaints. 7. Forward, to the reporting supervisor and the complainant's commanding officer/supervisory head, a memorandum advising them as to their immediate responsibilities regarding the complaint or problem. NOTE: Upon receiving a complaint, the O.E.E.O. will attempt to contact and interview the complainant, and will advise the complainant that he/she may meet with an Office of Equal Employment Opportunity investigator to discuss the complaint at a discreet location of his/her choice to protect his/her confidentiality. Such locations may include the Office of Equal Employment Opportunity or the complainant's home, before, during or after work hours, at the member's request. The choice of location will not include the complainant's command. Additionally, the member will be advised that he/she may be accompanied by a representative of his/her choice. Members of the service must obtain approval from their supervisor before leaving work assignment(s) in order to meet the Office of Equal Employment Opportunity investigator. The member concerned is not required to inform his/her supervisor of the subject matter of the meeting. Supervisors cannot unreasonably deny permission to attend the meeting. Members are reminded that they do not have to notify their supervisors if they meet with O.E.E.O. during non-working hours. 8. Counsel member filing a complaint about options for handling a complaint or refer member to other personnel for assistance. 9. If it is determined that an investigation is to be conducted, notify respondent, in writing, of the nature of the allegation(s), when necessary. Remind respondent that discrimination, including retaliation, will not be tolerated. 10. In cases where conciliation will take place, complete conciliation process within sixty (60) days of receiving a request for conciliation. 11. After completion of the O.E.E.O. investigation, forward results of the investigation conducted by the O.E.E.O. to Police Commissioner with recommendations for specific corrective action, as appropriate. 12. Notify complaining member, in writing, of the outcome of the investigation, and any corrective/disciplinary action taken. a. Notify respondent about the outcome of the investigation, in writing, when appropriate. COMMANDING OFFICER/SUPERVISORY HEAD 13. Conduct field investigation or counsel complainant and conciliate matter as directed by, and under the guidance of, the Deputy Commissioner, Equal Employment Opportunity. 14. At conclusion of investigation/conciliation, forward written report, on Typed Letterhead, to the O.E.E.O., and include copy of entire file. a. Refer to O.E.E.O. case number. b. Include summary of complaint allegation(s) and subsequent findings. c. Advise what corrective action, if any, should be taken to resolve the complaint. d. Make recommendation(s) to preclude a recurrence. 15. Take all reasonable steps necessary to prevent the respondent from engaging in additional employment discrimination, including retaliation, particularly in cases after an O.E.E.O. investigation has substantiated an allegation, in whole or in part a. Any action taken must be reported to the O.E.E.O. and documented in the complaint file. NOTE: Copies of all documents related to O.E.E.O. complaints and investigation must be maintained in the command, consistent with confidentiality requirements discussed below. ADDITIONAL DATA CONFIDENTIALITY All Equal Employment Opportunity complaints will be handled under the direction of the Deputy Commissioner, Equal Employment Opportunity, who reports directly to the Police Commissioner. These complaints will be handled in consultation with the Office of the Deputy Commissioner, Legal Matters, where appropriate. The Office of Equal Employment Opportunity, all Department supervisors, managers, and Equal Employment Opportunity Liaisons will treat each complaint CONFIDENTIALLY. This means that information obtained from the complainant will not be discussed with other personnel except as necessary to investigate and resolve the complaint, or other matter, or as required by law. Complainants and witnesses should make every effort to maintain the confidential nature of this process. COUNSELING The complainant will be interviewed to ascertain the details of the complaint, and will be apprised of the options/or handling the complaint. These may include: A. Investigation by the Deputy Commissioner, Equal Employment Opportunity B. Investigation by the member's commanding officer under the guidance and direction of the Deputy Commissioner, Equal Employment Opportunity C. Mediation by a neutral mediation service D. Conciliation by the O.E.E.O. E. Conciliation by the member's commanding officer under the guidance of the O.E.E.O. F. Further actions the member of the service can take on his/her own behalf G. The member of the service filing a formal complaint with an outside agency H Referral of the member concerned to other personnel for assistance, if it appears that the complaint does not involve an Equal Employment Opportunity problem. MEDIATION In appropriate cases, certain EEO complaints will be referred for mediation at a neutral mediation service. Mediation is an early dispute resolution program designed to help resolve EEO complaints at the earliest stage possible without the need for a formal investigation. The procedure is not adversarial, but is a means of finding a mutually acceptable end to the parties' differences. This process is voluntary and the parties must mutually agree to the outcome. If the parties cannot agree upon a resolution, the matter will be referred back to the Office of Equal Employment Opportunity for appropriate action. If a resolution is reached after mediation, no notations concerning the matter will be made on the respondent's Central Personnel Index record. CONCILIATION In appropriate cases, an attempt will be made to resolve the complaint with the goal that the parties will voluntarily agree to a resolution of the matter involved. The conciliation process will be conducted consistent with the guidelines issued by the New York City Department of Citywide Administrative Services. INVESTIGATION An investigation will be conducted by the Office of Equal Employment Opportunity or a person acting under the direction of the Deputy Commissioner, Equal Employment Opportunity, which may include a field commander. The investigation begins after the Deputy Commissioner, Equal Employment Opportunity: (1) receives either an oral or a written complaint of discrimination, and (2) determines that the allegations in the complaint are sufficient to establish a case of unlawful discrimination, including retaliation. After receiving the notice and copy of the complaint, the respondent has the right to respond in writing. The respondent's right to respond shall remain in effect until the investigation process has ended. Respondents are encouraged to submit their written response as soon as possible after receipt. Respondents shall make every effort to maintain the confidentiality of the EEO process. In order to encourage members of the service to come forward all communications between complainants and the Office of Equal Employment Opportunity relating to discrimination complaints will be kept confidential consistent with the above statement regarding CONFIDENTIALITY and consistent with guidelines issued by the New York City Department of Citywide Administrative Services. In appropriate cases, the investigation will be conducted in conjunction with the New York City Police Department's Internal Affairs Bureau. Consultations with other New York City Police Department units during the course of an investigation or other attempt to resolve a complaint of employment discrimination is, as determined by the Deputy Commissioner, Equal Employment Opportunity, consistent with the above statement regarding CONFIDENTIALITY. Any person who is interviewed in the course of an investigation shall have the right to be accompanied by a representative of his/her choice. At the conclusion of an investigation by the O.E.E.O., the Deputy Commissioner, Equal Employment Opportunity will make a confidential written report of the investigation to the Police Commissioner. If the Deputy Commissioner, Equal Employment Opportunity concludes, on the basis of the investigation, that the allegation of discrimination is substantiated, the Deputy Commissioner shall recommend appropriate corrective action. The Police commissioner will Equal Employment Opportunity Equal Employment Opportunity action. Disciplinary action provisions of law, rules and review the report prepared by the Deputy Commissioner, and make a final determination regarding the Office of investigation and any recommendation for corrective shall be taken in accordance with an applicable regulations, and collective bargaining agreements. Following the endorsement by the Police Commissioner of a recommendation by the Deputy Commissioner, Equal Employment Opportunity that a complaint is substantiated, in whole or in part, the O.E.E.O. will require the commanding officer of the involved command, or other appropriate person, to appear at its office to discuss the final report with the Commanding Officer, O.E.E.O., or his/her designee. The commanding officer or other appropriate person shall take action as may be directed by the O.E.E.O. to address the issues raised therein. The meeting as well as a record of action taken shall be documented in the O.E.E.O. file. Following the endorsement by the Police Commissioner of a recommendation by the Deputy Commissioner, Equal Employment Opportunity, that a complaint of discrimination is "unsubstantiated" (as opposed to "unfounded"), the O.E.E.O. may require a commanding officer of the involved command, or other appropriate person, to appear at its office to discuss the final report with the Commanding Officer, O.E.E.O., or his/her designee. The commanding officer or other appropriate person shall take action as may be directed by the O.E.E.O. to address the issues raised therein. The meeting, as well as a record of action taken, shall be documented in the O.E.E.O. file. If the Deputy Commissioner, Equal Employment Opportunity concludes, as a result of either an O.E.E.O. or field investigation, that an act of employment discrimination or retaliation has occurred but cannot identify the person(s) responsible, the O.E.E.O. may require the commanding officer/unit head of the command/unit of occurrence, or other appropriate person, to appear at the O.E.E.O. to discuss the final report with the Commanding Officer, O.E.E.O., or his/her designee. The commanding officer or other appropriate person shall take action as may be directed by the O.E.E.O. to address the issues raised therein. The meeting as well as a record of action taken shall be documented in the O.E.E.O. file. At the discretion of the Deputy Commissioner, Equal Employment Opportunity, portions of the report may be redacted prior to any such meeting. When charges and specifications are pending against a member of the service, an allegation of discriminatory treatment raised as a defense to the charges by the respondent member of the service shall vest in the exclusive jurisdiction of the Deputy Commissioner, Trials until the charges and specifications have been resolved. After the charges and specifications have been resolved, jurisdiction over the allegation of discrimination shall be assumed by the Deputy Commissioner, Equal Employment Opportunity. In all other disciplinary matters, any allegation of discrimination raised by the respondent member of the service must be filed with the Office of Equal Employment Opportunity. ADDITIONAL PLACES WHERE A COMPLAINT OF DISCRIMINATION MAY BE MADE Any member of the service (uniformed or civilian) or applicant for employment who believes that he/she has experienced discrimination has a right to file a formal complaint with the federal, state or local agencies listed below. A person does not give up this right when he/she files a complaint with the Police Department's Office of Equal Employment Opportunity. The following local, state and federal agencies enforce laws against discrimination: NEW YORK CITY COMMISSION ON HUMAN RIGHTS 40 Rector Street, 9th Floor New York, New York 10006 (212) 306-7500 NEW YORK STATE DIVISION OF HUMAN RIGHTS Headquarters One Fordham Plaza, 4th Floor Bronx, New York 10458 (718)741-8400 OR 20 Exchange Place, 2nd Floor New York, New York 10005 (212) 480-2522 OR 163 West 125th Street, 4th Floor New York, New York 10027 (212) 961-8650 OR 55 Hanson Place, Room 304 Brooklyn, New York 11217 (718) 722-2856 UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall Street, 5th Floor New York, New York 10004 (212) 336-3620 TTY(212) 336-3622 TIME PERIODS FOR THE TIMELY FILING OF COMPLAINTS OF DISCRIMINATION, INCLUDING RETALIATION, (MEASURED FROM THE DATE OF OCCURRENCE OF A DISCRIMINATORY ACTION): a. New York City Police Department - one (1) year. The one (1) year time period for filing complaints of discrimination, including retaliation, with the New York City Police Department shall not serve as a limitation upon the Department's authority to discipline members of the service as otherwise authorized pursuant to applicable law. b. New York City Commission on Human Rights - one (1) year (New York City Administrative Code, Title 8, Chapter 1). c. New York State Division of Human Rights - one (1) year (New York Executive Law, Article 15, section 297) (may not file for civil action filed first). d. United States Equal Employment Opportunity Commission - one hundred and eighty (180) days except that in some instances where there has been a prior filing with either (b) or (c) above, the time period may be extended. A member of the service is advised to contact the United States Equal Employment Opportunity Commission directly for guidance on this issue (42 USC, section 2000e-5[e][i]). RELATED PROCEDURES Operations Coordinator (P.G. 202-11) Desk Officer (P.G. 202-14) Sexual, Ethnic, Racial, Religious, or Other Discriminatory Slurs Through Display of Offensive Material (P.G. 205-37) FORMS AND REPORTS Typed Letterhead ACTIVITY LOG (PD112-145) OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT OF EMPLOYMENT DISCRIMINATION (PD413150) P.G. 205-37 Sexual, Ethnic, Racial, Religious, Or Other Discriminatory Slurs Through Display Of Offensive Material Date Effective: 01-01-00 PURPOSE To eliminate the display of offensive sexual, ethnic, racial, religious, or other discriminatory material throughout the Department. SCOPE It is the goal of the Department to ensure, to the extent possible, a discrimination free work environment. In furtherance of this goal, the Department prohibits the display of offensive sexual, ethnic, racial, religious, or other discriminatory material. One form of job discrimination, which may create a hostile work environment, is the display of sexually explicit material in the workplace. Other forms of hostile work environment can occur through the display of offensive ethnic, racial, religious, or other discriminatory materials or graffiti, whether they deface Department property or not. Such displays might be in the form of, but are not limited to, graffiti drawn on Department property (e.g., lockers, vehicles, in toilet facilities, ACTIVITY LOGS [PD112-145], Notice of Parking Violations, summonses, or any other Department forms, etc.), posters (e.g., centerfolds of magazines, etc.) or an adult movie/program shown through the use of a video cassette recorder (VCR) or received through an adult channel from a cable television company, or an audio recording or broadcast. No form of defacement of Department property or display of offensive materials or sexually explicit television programs or videotapes in Department facilities is acceptable. Commanding officers and unit heads shall keep their work sites free from such displays etc. PROCEDURE When a display of offensive material is detected: MEMBER CONCERNED 1. Any non-supervisory member of the service (uniformed or civilian) who becomes aware of the display of offensive material is strongly encouraged to report it to one or more of the following: a. Supervisor (uniformed or civilian) b. Supervisory head c. Commanding officer d. Equal Employment Opportunity Liaison e. Office of Equal Employment Opportunity (O.E.E.O.). [I.O. 19 s 02] NOTE: As indicated, members of the service have the option of filing a complaint with Equal Employment Opportunity Liaisons. Trained Equal Employment Opportunity Liaisons have been designated throughout the Department to provide assistance to complainants, witnesses and others regarding any Equal Employment Opportunity matter. A complete list of Equal Employment Opportunity Liaisons is located in the 'Appendix' of the annual Equal Employment Opportunity Policy Book. A SUPERVISOR WHO BECOMES AWARE OF THE DISPLAY OF OFFENSIVE MATERIAL WILL AS SOON AS POSSIBLE: SUPERVISORY MEMBER 2. Notify O.E.E.O. and obtain case number. 3. Notify commanding officer/unit head. 4. Take possession of, or photograph, the offensive material, under the direction of the O.E.E.O., prior to correcting the condition. 5. Voucher offensive material concerned as investigatory evidence. 6. Make Command Log entry of details. 7. Forward report, on Typed Letterhead, to the O.E.E.O., within five (5) business days. O.E.E.O. 8. Ensure that the commanding officer/unit head is notified of the display of offensive material. COMMANDING OFFICER/UNIT HEAD 9. Inform/advise members of command, as appropriate, upon receiving a complaint of a display of offensive material, or having witnessed such display that: a. A display of offensive material has occurred and that such display violates Department policy; b. This behavior will not be tolerated and is subject to disciplinary action. 10. Confer with O.E.E.O. and determine appropriate follow-up/investigatory action. 11. Notify O.E.E.O., promptly by telephone, of results of any investigation. 12. Forward results of investigation on Typed Letterhead to the Office of Equal Employment Opportunity. ADDITIONAL DATA It will be incumbent upon all supervisors, and in particular the operations coordinator and the desk officer, when they make their daily inspections as provided for in P.G. 202-11, "Operations Coordinator" and P.G. 202-14, "Desk Officer", to ensure that no form of offensive material is displayed. Also, all Department vehicles will be inspected by the operator, prior to use, to ensure that there is no graffiti or any other form of offensive sexual, ethnic, racial, religious, or other discriminatory material displayed. Should any such material be found in a Department vehicle, the procedures detailed above will be followed. [I.O. 11 s 02] After business hours and on weekends O.E.E.O. receives messages via office voice mail and will make return phone calls on the next business day. In addition to reporting the observation to O.E.E.O, corrective action may take the form of removing the offensive material if it is a magazine or poster, etc., or having a WORK ORDER (PD176-161) prepared and forwarded, if necessary. In addition, the following rules regarding audio recordings and broadcasts, cable television services or the use of video cassette recorders (VCR's) and tapes in Department facilities will be adhered to: a. Sexually explicit audio broadcasts, television programs or videotapes shall not be listened to, shown or viewed in Department facilities, unless necessary as part of a documented, on-going, official investigation. b. Premium channels, which provide sexually explicit material, will not be permitted to be received on any cable box at a Department facility. c. Commanding officers/unit heads will contact cable television companies and have them "block out" any stations received on the basic package which routinely show sexually explicit programming, if possible. Commanding officers/unit heads must stress to their subordinates that these forms of behavior will not be tolerated. RELATED PROCEDURES Operations Coordinator (P.G. 202-11) Desk Officer (P.G. 202-14) Employment Discrimination (P.G. 205-36) FORMS AND REPORTS Typed Letterhead ACTIVITY LOG (PD112-145) WORK ORDER (PD176-161) P.G. 205-38 Investigation Of Incidents Of Retaliation Against Members Of The Service Date Effective: 07-25-03 INVESTIGATION OF INCIDENTS OF RETALIATION AGAINST MEMBERS OF THE SERVICE PURPOSE To provide guidelines in accordance with the provisions of the Whistleblowers Law for the investigation of allegations of retaliation made by members of the service who have voluntarily reported misconduct or corruption. DEFINITION WHISTLEBLOWERS LAW - An Administrative Code provision which encourages City employees to report improper conduct, i.e., corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority, within their respective agencies. This law protects City employees who report such wrongdoing from any form of retaliation, i.e., dismissal, demotion, suspension, disciplinary action, negative performance evaluation, any action resulting in loss of staff, office space or equipment or other benefit, failure to appoint, failure to promote, or any transfer or assignment or failure to transfer or assign against the wishes of the affected employee. SCOPE The Department has the responsibility to encourage members to come forward and voluntarily provide information regarding misconduct and corruption. Inherent in this responsibility is the ability to protect those members from retaliation. IT IS THE POLICY OF THIS DEPARTMENT THAT RETALIATION AGAINST ANY MEMBER OF THE SERVICE FOR VOLUNTARILY PROVIDING INFORMATION REGARDING MISCONDUCT AND CORRUPTION WILL NOT BE TOLERATED. PROCEDURE When a member of the service believes he/she is the victim of retaliation for voluntarily providing information regarding misconduct or corruption. MEMBER OF THE SERVICE 1. Notify Internal Affairs Bureau Command Center at (212) 741-8401. NOTE: A member of the service may elect to report that he or she has been the victim of retaliation as outlined in this procedure directly to the Employee Relations Section. If such a complaint is received at the Employee Relations Section, or any unit other than the Internal Affairs Bureau (whether from the member directly or from an outside agency/organization) the unit receiving the complaint MUST notify the Internal Affairs Bureau and forward all pertinent information directly to the Internal Affairs Bureau for appropriate action. Any member of the service who is made aware of an allegation of retaliation for reporting wrongdoing shall make reasonable efforts to protect the anonymity and confidentiality of the employee making the allegation. MEMBER CONCERNED, IAB COMMAND CENTER 2. Record pertinent information received and assign a log number. 3. Have an immediate preliminary investigation conducted to obtain all available facts and evidence. a. Indicate results in log. NOTE: Members of the service should comply with the provisions of P.G. 205-36, "Employment Discrimination," to lodge a complaint of retaliation regarding an equal employment opportunity issue. Allegations of retaliation involving equal employment opportunity issues (employment discrimination, sexual harassment, etc.) MUST be referred to the office of Equal Employment Opportunity for investigation. 4. Forward copy of log, investigative worksheets and related paperwork to appropriate investigative group for further investigation, with the exception of cases relating to equal employment opportunity issues, which MUST be referred to the OEEO for investigation. a. Forward copy of log in a sealed envelope to Employee Relations Section. EMPLOYEE RELATIONS SECTION 5. Contact complainant upon receipt of log and offer the services of the appropriate Department employee assistance program, if indicated. CHIEF OF INTERNAL AFFAIRS 6. Evaluate each complaint to determine whether the case may fall within the purview of the Whistleblowers Law. 7. Refer cases requiring further investigation concerning violations of the provisions of the Whistleblowers Law to either the Internal Affairs Bureau or Office of Equal Employment Opportunity, as applicable. NOTE: Only the Internal Affairs Bureau or Office of Equal Employment Opportunity are authorized to conduct investigations involving allegations of retaliation against any member of the service for voluntarily having provided information regarding misconduct or corruption. Allegations which do not violate the Whistleblowers Law will be referred to the appropriate investigative unit concerned for additional action. IAB INVESTIGATIVE GROUP 8. Forward report through channels upon completion of investigation. NOTE: Due to the need to maintain the confidentiality of investigations to the extent possible, OEEO will not be required to forward reports of employment discrimination retaliation. These reports will remain on file at OEEO until such time that disclosure thereof is necessary. CHIEF OF INTERNAL AFFAIRS 9. Forward report and recommendations to the First Deputy Commissioner, through channels. FIRST DEPUTY COMMISSIONER 10. Review report and direct necessary action. ADDITIONAL DATA Members of the service are reminded that the Department has several employee assistance units available to provide help in addressing a personal or professional problem. To obtain additional information regarding the types of services provided by these units, members can refer to the Department publication entitled EMPLOYEE ASSISTANCE PROGRAMS AND RESOURCE BOOKLET (BM497). Members of the service who voluntarily provide information or assistance in internal/external investigations should be acknowledged for their high acts of integrity. In order to acknowledge such members, while maintaining the confidentiality of their actions, a sub-committee of the Integrity Review Board is established. This special sub-committee shall consist of the First Deputy Commissioner, Chief of Personnel, and the Chief of Internal Affairs (principals only, no representatives). It will be the responsibility of the sub-committee to review the actions of those members of the service who have voluntarily come forward and provided information, and recommend appropriate acknowledgement to the Police Commissioner. P.G. 205-39 Departmental Recognition Date Effective: 07-28-00 PURPOSE To process requests for Departmental recognition. PROCEDURE Whenever a uniformed or civilian member of the service performs an act worthy of departmental recognition and is recommended by a supervisor, a co-worker or a member of the community: NOTE: Members of the service involved in undercover or confidential operations will be guided by the direction of their Bureau Chief/Counterpart when submitting requests for departmental recognition. MEMBER'S IMMEDIATE SUPERVISOR (REGARDLESS OF COMMAND) 1. Prepare DEPARTMENTAL RECOGNITION REQUEST (PD439-162). a. All requests for departmental recognition, with the exception of those requests involving members assigned to the Housing Bureau, Detective Bureau (not including precinct detective squads), Organized Crime Control Bureau, Transit Bureau, Special Operations Division, and Traffic Control Division, will be processed through patrol precincts. b. Commands which report to the Housing Bureau, Detective Bureau (not including precinct detective squads), Organized Crime Control Bureau, Transit Bureau Special Operations Division, and Traffic Control Division will process all requests for departmental recognition involving assigned members in a similar manner as requests processed through patrol precincts. (See "Additional Data" regarding the chain of command to be utilized by bureaus/divisions exempt from processing requests through patrol precincts. c. Requests involving members assigned to precinct detective squads will be processed through patrol precincts. d. If two (2) or more precincts within the same borough are involved in the same incident, the patrol borough commander will designate which Precinct Recognition Committee will conduct the investigation and prepare the appropriate documentation. If two (2) or more precincts are involved, and the precincts are in different boroughs, the Honor Committee will make the designation, except for cases involving integrity. In those instances, the Integrity Review Board will make the designation. e. Acts worthy of departmental recognition which involve members from multiple bureau/division commands will be processed through patrol precincts. 2. Prepare separate DEPARTMENTAL RECOGNITION REQUEST for each member of the service involved. NOTE: Departmental Recognition Committees, composed of five (5) uniformed members of the service: two (2) ranking officers (one of whom will be designated chairperson) and three (3) non-supervisory officers (which may include a member of the precinct detective squad), will be established by each precinct and patrol borough command. Similarly, commands which report to the Housing Bureau, Detective Bureau (not including precinct detective squads), Organized Crime Control Bureau, Transit Bureau, Special Operations Division, and Traffic Control Division will also establish Departmental Recognition Committees utilizing the same group composition. Bureau Recognition Committees will be established in each bureau command for these more complex or unusual cases. MEMBER'S IMMEDIATE SUPERVISOR 3. Deliver completed forms to Operations Coordinator, precinct of occurrence or command counterpart. PRECINCT OPERATIONS COORDINATOR/COUNTERPART 4. Assign precinct/command serial number to all REQUESTS. a. If more than one member of the service is involved in the same incident, the same precinct/command serial number will be used. 5. Assign REQUEST to ranking officer for investigation. RANKING OFFICER 6. Conduct investigation including: a. Checking Department records. b. Interviewing members involved, including patrol supervisor or other supervisory personnel, when appropriate. c. Interviewing witnesses (in person or by telephone). d. Obtaining signed statements from witnesses, when possible. e. Reducing oral statements to writing and signing, when applicable. f. Attaching statements to REQUEST. g. Attaching all Department forms/records prepared in connection with the incident to REQUEST. 7. Enter results of investigation under "REMARKS" caption of DEPARTMENTAL RECOGNITION REQUEST. a. Use statements of fact. (1) Do not use descriptive embellishment of the facts. 8. Deliver completed forms to Precinct/Command Recognition Committee. PRECINCT/COMMAND RECOGNITION COMMITTEE 9. Conduct a review of the investigation and make initial recommendation to commanding officer. a. Precinct/Command Recognition Committee may refer the REQUEST, through the commanding officer, to a Bureau Recognition Committee, if the REQUEST involves aspects which require particular expertise in evaluating the merits of the REQUEST. It is expected that most REQUESTS will be processed by the Precinct/Command Recognition Committee. Only highly unusual or complex cases should be referred to a Bureau Recognition Committee. 10. Enter a concise statement of findings under "FIRST ENDORSEMENT" on reverse side of REQUEST. a. If supervisory officer is included, indicate how actions of supervisor exceeded normal supervisory or administrative duties. b. Standard abbreviations may be used. c. Use statement of fact ONLY. NOTE: All information entered on the DEPARTMENTAL RECOGNITION REQUEST is considered "Rosario" material and should be a factual statement of the member of the service's role in a particular matter. There should be no descriptive embellishment of the facts. In addition, all written statements taken from witnesses should be considered "Rosario" material. Since the defense attorney in a criminal case has the right to examine a witness's prior statement, if a witness testifies, the appropriate District Attorney's office should be advised of the existence of requests for departmental recognition as well as other witnesses' statements in a pending case. 11. Forward REQUEST to commanding officer, precinct of occurrence or command counterpart. PRECINCT/COMMANDING OFFICER/COUNTERPART 12. Review all REQUESTS. a. If concurring with recommendations of Precinct/Command Recognition Committee, follow steps below, as appropriate. b. Forward REQUESTS which require particular expertise in evaluating the merits of the REQUEST to the appropriate Bureau Recognition Committee. c. If disapproving REQUEST, indicate the same under SECOND ENDORSEMENT. NOTE: When a REQUEST is forwarded to a bureau chief/counterpart for evaluation based on expertise, the bureau chief/counterpart will make the final determination on Excellent Police Duty, Meritorious Police Duty and Commendations, except in cases where integrity forms the basis of the request. Integrity requests, forwarded to a bureau chief/counterpart for expert evaluation, will be processed in accordance with steps 20 and 21 below. In cases where Exceptional Merit or Honorable Mention will be recommended, bureau chiefs will comply with steps 23, 24, and 25, below. IF REQUEST IS FOR EXCELLENT POLICE DUTY OR MERITORIOUS POLICE DUTY PRECINCT COMMANDING OFFICER/COUNTERPART 13. Make a determination on REQUEST for Excellent Police Duty or Meritorious Police Duty. 14. Indicate approval or disapproval of REQUEST and complete "SECOND ENDORSEMENT" on reverse side of form. 15. Forward original (white) copy of REQUEST to Employee Management Division (attention: Honor Committee) and distribute the remaining copies as indicated on form. NOTE: Precinct commanding officers/command counterparts may recommend either a Meritorious Police Duty or a Commendation for acts of integrity. Regardless of the level of award recommended, ALL requests for Departmental recognition, which are based on acts of integrity, must be forwarded to the appropriate Borough Recognition Committee, or similar Recognition Committee established in bureaus/divisions whose commands are exempt from processing requests through patrol precincts. These requests must be endorsed by the concerned borough commander/counterpart, and submitted to the Integrity Review Board for final determination. IF RECOMMENDATION IS FOR ANY COMMENDATION, EXCEPTIONAL MERIT OR HONORABLE MENTION PRECINCT COMMANDING OFFICER/COUNTERPART 16. Review and forward REQUESTS, with recommendations, to Borough Recognition Committee or similar Recognition Committee in bureaus/divisions whose commands are exempt from processing requests through patrol precincts. BOROUGH RECOGNITION COMMITTEE/COUNTERPART COMMITTEE 17. Conduct review. a. Highest-ranking member present will act as Chairperson of the Borough Recognition Committee/counterpart committee. 18. Review REQUEST and indicate recommendation under FOURTH ENDORSEMENT. 19. Forward REQUEST to borough commander, bureau chief or division counterpart, as appropriate. IF REQUEST IS FOR COMMENDATION/CIVILIAN COMMENDATION BOROUGH COMMANDER/COUNTERPART 20. Make determination on REQUEST for Commendation. 21. Indicate approval/disapproval and complete FIFTH ENDORSEMENT on reverse side of form. a. When appropriate, approve REQUESTS for Commendation, except those which involve acts of integrity. In these cases, the borough commander, bureau chief or division counterpart will forward endorsed REQUESTS, with a synopsis of proceedings, to the Integrity Review Board. 22. Forward original (white) copy of all REQUESTS, not involving integrity, to the Employee Management Division (attention: Honor Committee) and distribute the remaining copies as indicated on form. IF REQUEST IS FOR EXCEPTIONAL MERIT OR HONORABLE MENTION BOROUGH COMMANDER/COUNTERPART 23. Review REQUEST. 24. Indicate recommendations under FIFTH ENDORSEMENT. 25. Forward REQUEST and synopsis of proceedings on Typed Letterhead to the Honor Committee. NOTE: All approved DEPARTMENTAL RECOGNITION REQUEST being forward to the Honor Committee or Integrity Review Board will be accompanied by a Typed Letterhead, in duplicate. The duplicate copy will be returned to the forwarding command and filed as a receipt. If a discharge of a firearm by the member of the service is the basis for the REQUEST, the Borough/Bureau/Counterpart Recognition Committee will ensure that all appropriate forms including the FIREARMS/DISCHARGE ASSAULT REPORT (PD424-151), UNUSUAL OCCURRENCE REPORTS (PD370-152), Crime Scene Unit sketches, etc., and the final determination of the Firearms Discharge Review Board are attached to the REQUEST and forwarded to the Honor Committee for consideration. If a valid evaluation cannot be determined based on the REQUEST and attached forms/reports, the Borough/Bureau/Counterpart Recognition Committee will conduct a hearing, and prepare a written report of the incident. IF RECOMMENDATION IS FOR PURPLE SHIELD MEDAL OR POLICE MEMORIAL AWARD PRECINCT COMMANDING OFFICER/COUNTERPART 26. Prepare REQUEST. a. Include any required attachments. 27. Forward all papers to next higher command for endorsement. NEXT HIGHER COMMAND 28. Forward endorsed REQUESTS to the Honor Committee (DIRECT) for evaluation. IF MEMBER WISHES TO APPEAL REQUESTING MEMBER 29. Prepare two (2) copies of appeal on Typed Letterhead, addressed to Borough/Bureau/Counterpart Recognition Committee for Excellent Police Duty/Meritorious Police Duty OR to the Police Commissioner for Meritorious Police Duty (Integrity), Commendation, Exceptional Merit or Honorable Mention, within ten (10) days of publication of award including: a. Facts of request b. Reasons for appeal c. Personnel Order number and date (if applicable). NOTE: An appeal MAY NOT be lodged until AFTER the award is published in Personnel Orders. Decisions of the Police Commissioner concerning appeals of awards reduced or disapproved are final. When practical, final determination of an award will be made within sixty (60) days of submission of a DEPARTMENTAL RECOGNITION REQUEST ADDITIONAL DATA The chain of command that will be utilized for processing requests for Departmental recognition in bureaus/divisions not processing requests through patrol precincts is as follows: Housing Bureau PSA commands will establish Recognition Committees. PSA commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Housing borough commands will establish Recognition Committees. Housing borough commanders will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate. Detective Bureau Detective borough commands will establish Recognition Committees. (Precinct detective squads will process requests through patrol precincts). Detective borough commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Office of the Chief of Detectives will establish a Recognition Committee. Chief of Detectives will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate Organized Crime Control Bureau Narcotics borough commands (other than Narcotics Division) will establish Recognition Committees Narcotics borough commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Office of the Chief of Organized Crime Control will establish a Recognition Committee. Chief of Organized Crime Control will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate. Transit Bureau District commands will establish Recognition Committees. District commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Transit borough commands will establish Recognition Committees. Transit borough commanders will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board as appropriate Special Operations Division Special Operations Division commands will establish Recognition Committees. Special Operations Division commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Commanding Officer, Special Operations Division will establish a Recognition Committee. Commanding Officer, Special Operations Division will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate Traffic Control Division Traffic Control Division commands will establish Recognition Committees. Traffic Control Division commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Commanding Officer, Traffic Control Division will establish a Recognition Committee. Commanding Officer, Traffic Control Division will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate The function and composition of the Honor Committee is as follows: Review requests for awards above the grade of Commendation and make recommendations to the Police Commissioner. The Honor Committee is composed of: First Deputy Commissioner (Chairperson) Deputy Commissioner - Community Affairs Chief of Department Chief of Patrol Chief of Detectives Chief of Organized Crime Control Chief of Personnel Chief of Housing Chief of Transit The function and composition of the Integrity Review Board are as follows: Review requests for Integrity Awards in the grade of Meritorious Police Duty and Commendation and make recommendations to the Police Commissioner. Review and evaluate activities indicating commitment to integrity. The Integrity Review Board is composed of: Chief of Department (Chairperson) Chief of Patrol Chief of Detectives Chief of Personnel Chief of Internal Affairs Chief of Organized Crime Control Chief of Housing Chief of Transit Uniformed member of the service in the rank of police officer, as selected by the Employee Relations Section, on an ad-hoc basis. Individual members of the service may be awarded Departmental recognition in the following grades: DEPARTMENT MEDAL OF HONOR Awarded annually to a member who intelligently and in line of police duty distinguished himself/herself by the performance of an act of gallantry and valor at imminent personal hazard to life with knowledge of the risk, above and beyond the call of duty POLICE COMBAT CROSS MEDAL Awarded for the successful performance of an act of extraordinary heroism while engaged in personal combat with an armed adversary at imminent personal hazard to life in the intelligent performance of duty. MEDAL FOR VALOR Awarded for an act of outstanding personal bravery intelligently performed in line of duty at imminent personal hazard to life under circumstances evincing a disregard of personal consequences. PURPLE SHIELD MEDAL Awarded to members of the service who have suffered extremely serious physical injury or death, permanent disfigurement, protracted or permanent impairment of health, or protracted or permanent impairment of any bodily organ function. POLICE MEMORIAL A WARD Awarded to next of kin of a uniformed member of the service accidentally killed, on or off duty, while performing official duty at scene of incidents such as aircraft disasters, drownings, heart attacks resulting from pursuits, auto accidents, fires, electrocutions, etc. HONORABLE MENTION Awarded for an act of extraordinary bravery intelligently performed in the line of duty at imminent and personal danger to life. The Honor Committee will review all Honorable Mention awards granted during the previous year and may select uniformed members of the service as recipients of the aforementioned medals. EXCEPTIONAL MERIT Awarded for an act of bravery intelligently performed involving personal risk to life. COMMENDATION Awarded for an act involving: a. Grave personal danger in the intelligent performance of duty, OR b. A highly creditable unusual police accomplishment. COMMENDATION - INTEGRITY Awarded for an act which demonstrates an extraordinary commitment to integrity. COMMENDATION - COMMUNITY SERVICE Awarded to uniformed members of the service for a. Initiative contributing to the substantial improvement in Community Policing/Community Quality of Life, OR b. Performance which substantially improves the quality of life in neighborhoods or communities through creative problem-solving ideas, techniques or skills, OR c. Performance and consistent progress in implementing meaningful, significant improvements in rendering or securing community service or fostering police community relations through Community Policing/Problem Solving Programs. CIVILIAN COMMENDATION Awarded to civilian members of the service for: a. Exceptional work in connection with their assignment b. Excellence in service to the community c. Fostering community relations d. Displaying initiative towards community problem solving programs. MERITORIOUS POLICE DUTY Awarded for: a. An act of intelligent and valuable police service demonstrating special faithfulness or perseverance, OR b. Highly creditable acts of police service over a period of time. MERITORIOUS POLICE DUTY- INTEGRITY Awarded for an act which demonstrates highly creditable integrity. [Rev 00-3] EXCELLENT POLICE DUTY Awarded for: a. An intelligent act materially contributing to a valuable accomplishment, OR b. Submission of a device or method adopted to increase efficiency in an administrative or tactical procedure, OR c. Three (3) arrests in a six (6) month period for operating a vehicle while under the influence of alcohol or drugs. These arrests must be based solely on the member's observation and unrelated to traffic checkpoints, vehicle accidents, or any enforcement activity specifically aimed at DWI enforcement, OR [Rev 00-3] d. Three (3) or more arrests within a six (6) month period for aggravated unlicensed operation of a motor vehicle, OR facilitating aggravated unlicensed operation OR aggravated failure to answer appearance tickets or pay fines imposed, and the arrests are based on the member's personal initiative and observations, OR e. Whenever a uniformed member of the service, not assigned to the Auto Crime Division or a borough Auto Larceny Unit, effects three (3) or, more arrests within twelve (12) month period for larceny of a motor vehicle, OR unauthorized use of motor vehicle, OR criminal possession of stolen property (stolen vehicle), and the arrests are based on the member 's personal initiative and observations. NOTE: The awarding of Departmental recognition for three (3) or more arrests as described in sections c, d, and e above, is not automatic. Commanding officers, when reviewing the requests, will consider the personal initiative, observations and actions of the recommended member that materially contributed to the arrests and/or the detection of the crimes charged. [I.O. 27 s 04] Additionally, the successful resuscitation of an aided using an Automated External Defibrillator (AED) will be considered for Departmental recognition when the aided is hospitalized with a reasonable chance of survival. Commanding officers/counterparts reviewing applications for Departmental recognition for successful use of Automated External Defibrillators will, in all circumstances, submit such request to the Supervising Chief Surgeon or the Deputy Chief Surgeon for endorsement and recommendation of appropriate Departmental recognition, prior to final approval. The following awards are issued to Department units, UNIT CITATION Unit Citations recognize outstanding performance by an entire unit in developing and implementing Community Policing goals and objectives or other highly creditable accomplishments over a substantial period of time (calendar year). POLICE COMMISSIONER'S PERSONAL LETTER OF CONGRATULATIONS Awarded to units that do not otherwise qualify for a Unit Citation. DISPLAY OF MEDALS A uniformed member of the service may wear the prescribed breast bar at all times while in uniform. However, breast bars or other authorized ribbons are not to be worn when wearing corresponding medals. A member who has been awarded the Department Medal of Honor, Police Combat Cross or Medal for Valor is required to wear the breast bar denoting the particular award in lieu of the Honorable Mention breast bar previously awarded for the same act. RELATED PROCEDURES Boards And Committees (0. G. 101-23) Emblems, Insignia And Breast Bars (P.G. 204-16) Integrity Review Board Recommendation Procedure (P.G. 205-16) Presentation Of Department Recognition Awards (A.G. 305-03) Unit Citation (A.G. 305-04) Achievement Citation (A.G. 320-19) FORMS AND REPORTS DEPARTMENT RECOGNITION REQUEST (PD439-162) FIREARMS/DISCHARGE ASSAULT REPORT (PD424-151) UNUSUAL OCCURRENCE REPORT (PD370-152) Typed Letterhead P.G. 205-40 Off Duty Employment Date Effective: 05-19-00 PURPOSE To regulate off duty employment of uniformed members of the service, except that off duty employment performed with the Paid Detail Unit. DEFINITIONS SECURITY FIELD - Includes guard service, payroll driver/cashiers, personal escorts (bodyguards), and employment in check cashing establishments, etc. WATCHGUARD LICENSE - Issued by the New York State Secretary of State, upon a written request obtained from the Office of the Chief of Personnel, licensing a uniformed member of the service to engage in the off duty employment of providing guards in a security related field. NOTE: After OFF DUTY EMPLOYMENT APPLICATION (PD407-164) has been prepared and approved, uniformed member of the service wishing to apply for a Watchguard License will be directed to report to Employee Management Division and comply with instructions received. CLASS I FEDERAL FIREARMS LICENSE - Issued by the Department of Treasury, Bureau of Alcohol, Tobacco and Firearms, to persons engaged in the business of selling firearms at wholesale or retail. DEALER IN FIREARMS LICENSE - Issued by local licensing officer to any person, firm, partnership, corporation or company who engages in the business of purchasing, selling, keeping for sale, lending, leasing, or in any manner disposing of, any pistol or revolver. PROCEDURE [Rev 2-00] When a uniformed member of the service wishes to engage in off duty employment, or when any member of the service wishes to engage in the practice of law off duty: APPLICANT 1. Prepare OFF DUTY EMPLOYMENT APPLICATION (PD407-164). a. Enter total number of hours to be worked each week. (1) Do not use terms such as "varies" or "changes". b. Enter name and address of corporation in space captioned "Outside Employer" if applicant is an officer of a corporation. (1) Do not use term "self employed" if applicant is part or sole owner of corporation. c. Enter administrative, managerial or planning functions to be performed and the function of the corporation in space captioned "Describe specific duties and responsibilities." d. Enter name of president of corporation if employed by a corporation. 2. Deliver all copies of completed APPLICATION to commanding officer. a. If off duty employment involves dealing in firearms outside the City of New York, also deliver a copy of completed application for a Class I Federal Firearms License. After subsequent issuance by the Bureau of Alcohol, Tobacco and Firearms, provide a copy of the license to the commanding officer. b. If off duty employment involves dealing in firearms outside the City of New York, also deliver a copy of completed APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (INDIVIDUAL) (PD625-043) or APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (PARTNERSHIP) (PD625-042). After subsequent issuance by the local licensing officer, provide a copy of the licenseto the commanding officer. COMMANDING OFFICER 3. Interview applicant and determine if conditions of off duty employment are within Department guidelines and guidelines and rulings published by the Board of Ethics. 4. Forward quintuplicate (file) copy of OFF DUTY EMPLOYMENT APPLICATION to borough commander/counterpart for review, if APPLICATION is for employment in security related field. BOROUGH COMMANDER/COUNTERPART 5. Assign patrol borough administrator to conduct thorough investigation of security related application. 6. Return OFF DUTY EMPLOYMENT APPLICATION to member's commanding officer indicating approval/disapproval. COMMANDING OFFICER 7. Ascertain that applicant understands "Guidelines/Prohibitions" as outlined in "Additional Data" statement. 8. Confer with applicant's immediate supervisor. NOTE: If applicant is on, or being considered for MODIFIED ASSIGNMENT, telephone Office of First Deputy Commissioner to determine whether reason exists for disapproval of APPLICATION and enter results of inquiry on APPLICATION. 9. Enter recommendations, sign and forward OFF DUTY EMPLOYMENT APPLICATION as per instructions on form. 10. Advise member whose APPLICATION has been DISAPPROVED that such decision may be appealed. NOTE: Forward all disapproved or renewal APPLICATIONS and notice of termination or change in employment to the Employee Management Division. 11. Monitor on-duty performance of member engaged in off duty employment. 12. Recommend revocation of permission if outside employment interferes with member's responsibility to the Department. 13. Advise applicant of possible revocation of permission to engage in off duty employment should member become subject of disciplinary action or classified as "chronic sick." 14. Reexamine approved OFF DUTY EMPLOYMENT APPLICATION of newly transferred/temporarily assigned member to ensure that current assignment does not result in a conflict of interest or corruption hazard. APPLICANT 15. Submit new OFF DUTY EMPLOYMENT APPLICATION to report any change in status of employment, i.e., change of employer, duties, location of employment, etc. 16. Submit renewal application for continuing off duty employment beyond each twelve (12) month period at least ten (10) days prior to expiration of current approved request. 17. Prepare Typed Letterhead requesting review of APPLICATION that has been disapproved and submit to Commanding Officer, Employee Management Division. EMPLOYEE MANAGEMENT DIVISION 18. Assign Off Duty Work Number and insert in appropriate space on form. 19. Request record check from Intelligence Division regarding: a. Employer b. Individual or premises to be protected, if appropriate. NOTE: The existence of a record at the above unit will be cause to disapprove APPLICATION. 20. Complete captions under applicable section on APPLICATION; enter recommendations and sign. 21. Distribute copies of APPLICATION as follows: a. ORIGINAL - place in member's Personal Folder b. DUPLICATE - return to command of origin c. TRIPLICATE - place in Off Duty Employment file maintained by Employee Management Division (1) Security related APPLICATIONS and Watchguard Licenses will be filed under specific categories, i.e., payroll drivers/cashiers, bodyguards, check cashing, etc. d. QUADRUPLICATE - forward to Medical Division. COMMANDING OFFICER 22. Note approval/disapproval on command file copy of APPLICATION. 23. Return ORIGINAL to member concerned. 24. Advise and instruct member whose APPLICATION has been APPROVED, regarding: a. Guidelines/prohibitions listed in "Additional Data" statement b. Carrying of weapons in other states. (New York City police officer status does not license member to carry weapon in another state; authorization must be obtained from state concerned). 25. Instruct member applying for Watchguard License of "Guidelines for Watchguard License" (see Additional Data statement). a. Direct member to report to Employee Management Division to prepare affidavit and comply with instructions received. 26. Direct Integrity Control Officer to verify that members concerned comply with prohibition against requesting overtime compensation for off duty employment related arrests. 27. Indicate on OFF DUTY EMPLOYMENT APPLICATION, after approval and prior to forwarding to Employee Management Division, that a copy of the Class I Federal Firearms License is attached, if applicable. 28. Forward copy of Class I Federal Firearms License, and APPLICATION FOR LICENSE AS A GUNSMITH or DEALER IN FIREARMS (INDIVIDUAL) or APPLICATION FOR LICENSE AS A GUNSMITH or DEALER IN FIREARMS (PARTNERSHIP), and New York State License and APPLICATION FOR LICENSE AS A GUNSMITH or DEALER IN FIREARMS (INDIVIDUAL) or APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (PARTNERSHIP) to Commanding Officer, Firearms and Tactics Section, after recording license numbers on member's FORCE RECORD (PD406-143). C.O. FIREARMS AND TACTICS SECTION 29. Maintain a file of members who have obtained Class I Federal Firearms Licenses or New York State Dealer in Firearms licenses for dissemination to inquiring ranking members of the service in cases of suspensions, modified assignments, removal of firearms, etc. INTEGRITY CONTROL OFFICER 30. Audit OVERTIME REPORTS (PD138-064) submitted by uniformed members of the service to ensure that requests do not pertain to off duty security employment related arrests and advise commanding officer of findings. ADDITIONAL DATA GUIDELINES: The following guidelines apply to ALL off duty employment: a. Off duty employment MUST BE: (1) Performed outside regular hours of police duties. (2) Approved prior to starting or changing employment, AND for EACH EXTRA job or change of job for the same employer. (3) Approved in writing from the Chief of Patrol, (Commanding Officer, Movie/Television Unit), IF employment involves working as a technical advisor for motion picture or television productions. b. A uniformed member of the service may engage in off duty employment WITHOUT prior approval: (1) During the period of suspension without pay, OR (2) While on continuous vacation and/or terminal leave immediately after filing an application for retirement. During a period of suspension without pay or vacation/terminal leave pending retirement, the member concerned remains officially a member of the service and, as such, may NOT engage in any type of employment or activity which, by existing law, is prohibited to police officers, or which may constitute a conflict of interest or create the appearance thereof (see GENERAL PROHIBITIONS). c. Excessive sick leave or other evidence indicating off duty employment impairs ability to perform assigned police duties is cause for revocation of approval to engage in off duty employment. d. A request for permission to work while off duty may be DISAPPROVED even though it does NOT SPECIFICALLY fall within the "PROHIBITIONS" section or violate the "GUIDELINES" sections contained herein. e. A member of the service (uniformed or civilian) seeking part time employment in another city agency, or in ANY other governmental jurisdiction or agency MUST prepare "Certification of Compatibility or Dual Employment" (DP1021), in QUADRUPLICATE; ALL FOUR (4) COPIES of the form, which are available at the Employee Management Division, will be forward to the Employee Management Division for processing. f. Uniformed members of the service engaging in or seeking off duty employment are reminded that law prohibits certain types of employment. Some members while engaging in bona-fide occupations, may unknowingly, in the normal pursuit of their particular off duty occupation, be violating one of these statutes. [Rev 2-00] g. Section 2604(a)(1) of the New York City Charter prohibits public servants from taking a position in a firm which the public servant knows, or should know, is engaged in business dealings with the City. "Position" is broadly defined and includes an officer, director, manager, employee, trustee, attorney, agent, broker or consultant to the firm. The definition of "firm" includes an individual seeking business on his/her own behalf, and as a sole proprietor. "Business dealings" are defined as any transaction involving the sale, purchase, rental, or disposition of any goods, services, or property; any license, permit, grant or benefit; and any performance of or litigation with respect to any of the above. It is quite possible that a member not completely familiar with these provisions could find himself/herself in violation of the law. For example, if a member has been approved as a vending machine salesperson or dealer, he/she would be violating this statute if he/she were to take a position with a firm or enter into a contractual agreement with any City agency or representative thereof, to place a vending machine in any building or upon property owned or leased by the City of New York or any of its agencies. h. The Charter prohibits members from engaging in any business, transaction or private employment which is in conflict with the proper discharge of their official duties; using, or attempting to use their position to obtain any financial gain, or other benefit, including employment for themselves or any person "associated" with them ("associated" is defined to include a spouse, domestic partner, child, parent or sibling and a person with whom a member has a business or financial relationship); and disclosing any confidential information which is obtained as a result of a member's official duties or using such confidential information for any financial gain or other benefit. i. A uniformed member of the service is prohibited from holding any position or engaging in business dealings which involve the manufacture, sale or recommendation of any alcoholic beverage. However, employment is permitted in a premises licensed to sell beer at retail for off-premises consumption (supermarkets and grocery stores). Also see P.G. 203-10, "Public Contact - Prohibited Conduct." j. A member may not accept any valuable gift from any person or firm which the member knows or should know, has or intends to have business dealings with the city. A "valuable gift" means any gift which has a value of $50.00 or more, whether in the form of money, service, loan, travel, entertainment, hospitality, thing of promise, of any form. k. Members are also prohibited from working, owning, selling goods or services or obtaining licenses relating to horse racing activities, race horses, tracks or firms either owning or dealing in the racing of horses. l. Uniformed members of the service may write fiction or non-fiction books and articles on their own time and receive compensation provided that the restrictions contained in P.G. 212-76, "Information Concerning Official Business of Department" are adhered to. OFF DUTY EMPLOYMENT APPLICATION should be submitted in this regard to the extent that members of the service are being paid for their writing. It may also be permissible for members of the service to be employed as technical or background consultants by television and film production companies. The consulting position may relate either to a particular incident (e.g., a homicide, robbery, rescue effort, etc.) or to a specialized field of expertise (e.g., arson, explosives, aviation, etc.). Again, the restrictions contained in P.G. 212-77 "Release Of Information To News Media" and 212-76 "Information Concerning Official Business of Department" MUST be adhered to, OFF DUTY EMPLOYMENT APPLICATION must also be submitted for these positions. In addition, prior to entering into any contractual relationship of this nature, members of the service are advised to seek private legal counsel. The sale of exclusive proprietary rights, based on the involvement of an individual in a particular incident, is strictly prohibited. For example, a member of the service assigned to the Aviation Unit can be retained as a consultant or advisor on general technical matters or for background on a particular incident; he or she cannot sell exclusive "rights" to a production company for the story of the officer's role in that incident. [Rev 2-00] m. Many of the off duty employment prohibitions and guidelines involve conflict of interest related issues as addressed in Chapter 68 of the New York City Charter. Each member of the service should be familiar with those provisions. In certain limited circumstances, a member of the service may hold an otherwise prohibited position with written approval of the Police Commissioner, and a determination by the Conflicts of Interest Board that the position would not conflict with the purposes and interest of the City. Conflict of interest questions or questions regarding waivers may be directed to the Deputy Commissioner, Legal Matters. GENERAL PROHIBITIONS: Off duty employment is PROHIBITED when ANY of the following conditions exist: a. Member is a probationary police officer with less than one (1) year aggregate service who has not completed Entry Level Training in the Police Academy. b. Existing law prohibits a police officer from employment in such job or premises. c. Off duty employment is also prohibited, as follows: (1) Interferes or conflicts with regular or emergency police duties. (2) Requires the Police Department uniform or shield to be worn or used in any manner in any off duty employment, except if approved by the Paid Detail Unit. (3) Affects member's ability to perform police duties. (4)Exceeds twenty (20) hours each week, EXCEPT when performed during vacation period or when on terminal leave. (5)Is to be performed three (3) hours immediately prior to regular tour of duty. (6)Requires member to be an officer, organizer, or hold a position in an employee organization, i.e., labor union, or member will become involved in a strike or labor dispute. (7)Requires UNIFORMED member of the service to work, UNLESS AUTHORIZED, for an organization licensed or inspected by the Police Department. (8)Is knowingly performed for a person who has a criminal arrest record. (9)Is required to be performed when member is on sick report, sick leave or disability. (10)Involves the guarding of licensed premises. (11)Involves employment in any premises licensed by the State Liquor Authority, pursuant to the Alcoholic Beverage Control Law, except that employment is permitted in a premises licensed to sell alcoholic beverages as long as they are not handled by the applicant. (12) Involves employment by a UNIFORMED member of the service in precinct to which assigned. (However, a UNIFORMED member assigned to a command whose jurisdiction encompasses more than one (1) precinct may be permitted to engage in off duty employment within the area to which assigned, UNLESS circumstances of such employment would constitute a conflict of interest or a corruption hazard, i.e., member's ability to provide off duty services while on-duty). (13) Involves employment as a process server, anywhere. (14) Involves operating or having a financial interest in an arcade, video or pinball game. (15) Involves participation in any pari-mutuel racing as a rider, owner, driver or trainer of a horse. (16) Involves the consultation/installation/repair of burglar alarms and security systems. (17) Involves employment as a street peddler within New York City. (18) Involves employment as a locksmith within New York City. (19) Involves being employed in any capacity as a second hand dealer (except used cars) or second hand dealer purchasing and selling precious metals (gold, silver, etc.). (20) Requires uniformed member of the service to perform investigative duties or secure a New York State investigator's license. (21) Involves the guarding of diplomatic personnel and/or the premises of diplomatic personnel. [Rev 2-00] PROHIBITIONS FOR ATTORNEYS ENGAGED IN OFF DUTY EMPLOYMENT In addition to complying with any other relevant Department policy, procedure, or prohibition, members engaging in off duty employment as attorneys will also adhere to the following: a. Members shall not represent private interests for compensation before any City agency or appear anywhere, directly or indirectly, on behalf of private interests in matters involving the City. b. Members shall not appear as attorney or counsel against the interests of the City in any litigation in which the City or other government agency is a party, or in any action or proceeding in which the City or other government agency is a complainant. c. Members shall not serve as an attorney, or represent any party in any manner in negligence cases or criminal cases. d. In addition to the general prohibition against superiors and subordinates entering into any business or financial relationship (see P.G. 203-13, "Financial Restrictions - Prohibited Acts"), members shall not appear as attorneys or counsel for, or represent in any manner, a higher ranking or lower ranking member of the service in/assigned to their same command. The Conflicts of Interest Board has determined that a "business or financial relationship" exists when an attorney performs legal services whether or not the attorney receives compensation. GUIDELINES FOR SECURITY RELATED OFF DUTY EMPLOYMENT: a. In addition to complying with the Guidelines and General Prohibitions, uniformed members accepting off duty employment in the private security field are advised that: (1) Uniformed members of the service who accept off duty employment in the private security field must be aware that they will not, in most instances, be entitled to or receive legal representation and/or indemnification from the city. Those benefits of city employment are afforded to municipal employees only when they act within the scope of their employment and in discharge of official duties. (2) An off duty uniformed member of the service employed in the private security field does not, by virtue of that employment, relinquish the power and authority conferred by the laws of the State of New York as a police officer. However, when an officer effects an arrest in furtherance of the private employer's interest he is acting primarily on behalf of that employer, not in discharge of his duties as a police officer. Uniformed members of the service in their private capacity may not investigate crimes for private employers and ordinarily should be the complainant and not the arresting officer for off duty situations which arise (for example: trespass and burglary situations) unless the exigencies of the circumstance require that they act in an arresting capacity. (3) Because the city will not ordinarily indemnify uniformed members of the service against claims brought by individuals for action taken in connection with off duty employment, it is recommended that uniformed members of the service ascertain whether their private employer maintains liability insurance covering the off duty employment and affords legal representation and indemnification for acts or omissions occurring during off duty employment and in furtherance of employer's interests. (4) All rules and regulations established by the Police Commissioner must be complied with fully. (5)All court time, both arraignment and follow-up appearances directly related to any duties and responsibilities in the off duty employment may not be performed on Police Department time nor may overtime compensation be received for such time from the City of New York. Accordingly, OVERTIME REPORTS should not be submitted in connection therewith. Further, it is the uniformed member's responsibility to see that the off duty employer/client has Workmen's Compensation on coverage for guards to cover any injury or disability received in his employment. It is also understood that the City has a claim on any monies paid by Workmen's Compensation that would duplicate paid sick leave by the City. (6) OFF DUTY EMPLOYMENT APPLICATION must be submitted to the Employee Management Division for each specific client, location and company of employment. For each new assignment, even if for the same employer, a new request for approval must be submitted, with the employer's name, and new location of person or premises to be protected. (7) Members may NOT work in off duty employment as security guards at a location where a strike or labor dispute is ongoing. (8) If a uniformed member of the service's firearm is discharged or member is injured as the result of an assault, while employed off duty in a security related capacity in New York City only, the precinct of occurrence must be notified immediately by the uniformed member involved. The FIREARM DISCHARGE/ASSAULT REPORT (PD424-151) must be completed and verified for all such incidents occurring in New York City (see P.G. 212-29 "Firearms Discharge And Assaults Involving Uniformed Members Of The Service"). Incidents occurring outside the City of New York require immediate notification to the Operations Unit. b. To expedite processing, a member requesting permission to engage in off duty employment in the security field is authorized to personally deliver the completed OFF DUTY EMPLOYMENT APPLICATION to the Employee Management Division. GUIDELINES FOR WATCHGUARD LICENSE: In addition to complying with the Guidelines, General Prohibitions and Guidelines for Security Related Employment, uniformed members of the service will comply with the following re: Watchguard License: a. If the uniformed member intends to form a corporation and employ any other person in a Watchguard Service capacity, then the requirements of New York State laws regarding watchguard licensing must be complied with. "Watch, guard or patrol agency" as defined by the General Business Law (Article 7 Section 71, sub. 2) shall mean and include the business of watch, guard or patrol agency and shall also mean and include, separately or collectively, the furnishing, for hire or reward, of watchmen or guards or private patrolmen or other persons to protect persons or property or to prevent the theft or misappropriation or concealment of goods, wares or merchandise, money, bonds, stocks, chooses in action, notes or other valuable documents, papers, and articles of value, or to procure the return thereof or the performing of the service of such guard or other person for any of said purposes. The foregoing shall not be deemed to include the business of persons licensed by the industrial commissioner under the provisions of section twenty-four-a or subdivision three-b of section fifty of the Workmen's Compensation Law or representing employers or groups of employers insured under the Workmen's Compensation Law in the State Insurance Fund, nor persons engaged in the business of adjusters for insurance companies nor public adjusters licensed by the superintendent of insurance under the Insurance Law of this State. b. Uniformed members of the service employed in a Watchguard Service shall comply with all rules, regulations, guidelines and prohibitions, regarding off duty employment. In addition, members will comply with Department directives, regarding integrity monitoring procedures. c. Uniformed members of the service applying for a Watchguard License must comply with the following: 1) Prepare required Affidavit at Employee Management Division after OFF DUTY EMPLOYMENT APPLICATION has been prepared and approved. 2) Submit a list of all clients or prospective clients of Watchguard Service, including names, addresses and specific location of business, to the Intelligence Division and Identification Section for records check. (a) If member has no clients at time of making APPLICATION, the Affidavit will state that fact and may be approved, if the member applying agrees to submit the identifying data of prospective clients prior to entering an employment agreement with such clients. 3) Maintain an updated and unified list of all clients, locations, etc., which must be made available for Departmental inspection. (a) The Employee Management Division will maintain a separate folder for each approved Watchguard License containing a list of clients, locations and copies of approved OFF DUTY EMPLOYMENT APPLICATIONS of all uniformed members of the service employed by such Watchguard Service. 4) That the corporation or the member concerned will not have a client who is the subject of a criminal investigation or a premises licensed by the Alcoholic Beverage Control Board or a diplomat, or any other client that the Police Commissioner may disapprove on the grounds that such employment would not be in the best interests of the Department. 5) Will not have any client located within precinct of assignment, that is, if the off duty employment is of a premises, it may not be located in the precinct. If the off duty employment involves the security of an individual, he may not reside within the precinct of assignment. 6) The corporation or the member concerned will not provide services to clients who are then engaged in active labor strikes. 7) The corporation or member concerned will not advertise or represent that its employees are members of the New York City Police Department or that it operates under its auspices. 8) Will not employ a uniformed member of the service of any rank assigned within Watchguard Licensee's immediate command or employ any member of higher rank. 9) Provide Employee Management Division with names, addresses of all employees, both uniformed members of the service and others. 10) Do not employ other members of the service until such members present approved OFF DUTY EMPLOYMENT APPLICATIONS. RELATED PROCEDURES Civilian Employee Off duty Employment (A.G. 319-23) FORMS AND REPORTS APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (INDIVIDUAL) (PD625-043) APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (PARTNERSHIP) (PD625-042) OFF DUTY EMPLOYMENT APPLICATION (PD407-164) FIREARM DISCHARGE/ASSAULT REPORT (PD424-151) FORCE RECORD (406-143) OVERTIME REPORTS (PD138-064) P.G. 205-41 Employee Suggestion Program Date Effective: 01-01-00 PURPOSE To improve operations of the Department. DEFINITION EMPLOYEE SUGGESTIONS - Those suggestions made by members of the service within the guidelines of, and conforming to the procedures established by the Department of Citywide Administrative Services and the Police Department Employee Suggestions Programs. The Employee Suggestion Program considers any proposal that improves some aspect of police operations, public service, community relations, working conditions or safety. A proposal, if adopted, could result in substantial savings in time, money, manpower, equipment or the elimination of waste. PROCEDURE When submitting an employee suggestion: MEMBER OF THE SERVICE 1. Prepare one (1) copy of form EMPLOYEE SUGGESTION PROGRAM (PD115-161). 2. Mail or deliver the completed copy to: * Employee Suggestion Program, New York City Police Department, Chief of Personnel, One Police Plaza, Room 1208, New York, NY 10038 EMPLOYEE SUGGESTION PROGRAM UNIT MEMBER 3. Assign Personnel Bureau and Employee Suggestion control numbers. 4. Acknowledge receipt of employee suggestion. DEPARTMENT COORDINATOR 5. Review all suggestions with the Employee Suggestion Program Evaluation Committee. NOTE: After careful consideration of the merits of an employee suggestion, the Employee Suggestion Program Evaluation Committee will either approve, disapprove or forward the suggestion for further review and evaluation to the appropriate unit or agency. EMPLOYEE SUGGESTION PROGRAM UNIT MEMBER 6. Notify member concerned of the approval or disapproval of the suggestion. a. If disapproved, indicate reason(s) for rejection on NON-ADOPTION (PD115-121). DEPARTMENT COORDINATOR 7. Determine degree/amount of award to be presented to member concerned. 8. Conduct liaison with the Department of Citywide Administrative Services, Citywide Employee Suggestion Program. FORMS AND REPORTS EMPLOYEE SUGGESTION PROGRAM (PD115-161) NON-ADOPTION (PD 115-121) P.G. 205-42 Discontinuance Of Police Service Retirement Or Vested Interest Date Effective: 01-01-00 PURPOSE To apply for discontinuance of police service (retirement or vested interest). DEFINITION TERMINAL LEAVE - Leave, with pay, computed at the Police Pension Fund and granted to retiring members UPON REQUEST. One (1) month leave is granted for each ten (10) years of service, three (3) days for each completed year of service, and one (1) day for each completed four (4) months of service, EXCEPT that terminal leave will NOT be granted: a. If disciplinary charges are pending b. If discontinuing police service with vested interest c. For time spent on extended leave without pay, unless mandated by law. PROCEDURE When a uniformed member of the service wishes to apply for retirement or discontinue police service with vested interest: UNIFORMED MEMBER OF THE SERVICE 1. Notify commanding officer. 2. Telephone Police Pension Fund for instructions and an appointment PRIOR to reporting for retirement processing. COMMANDING OFFICER 3. Have clerical member prepare PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520013). 4. Sign PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE in appropriate space and give form to retiring member. UNIFORMED MEMBER CONCERNED 5. Report to Police Pension Fund in civilian clothes at least thirty (30) days prior to discontinuance of service (retirement or vested interest). A member applying for terminal leave is requested to report to the Police Pension Fund at least ten (10) days prior to commencement of such leave to allow for clerical processing. 6. Request assignment to second platoon, if necessary. NOTE: A uniformed member wishing to terminate police duties IMMEDIATELY, who has used all accrued time, vacation and/or terminal leave, MUST, after calling the Police Pension Fund for an appointment, submit three (3) copies of LEAVE OF ABSENCE REPORT (PD433-041) to his commanding officer, requesting LEAVE WITHOUT PAY for up to thirty (30) days. This leave MAY BE granted a member applying for discontinuance of police service. Upon approval of the request by the unit commander, the member concerned MUST personally deliver all copies of the LEAVE OF ABSENCE REPORT to the commanding officer of the next higher command for approval and then present all copies to the Police Pension Fund for processing. 7. Bring PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE and all property listed thereon to Police Pension Fund. If additional tours of duty are to be performed subsequent to appearance at Police Pension Fund, report with PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE form ONLY. Upon completion of last tour of duty, report with ALL property to Police Pension Fund on date specified by Police Pension Fund personnel OR after last tour of duty. NOTE: When a valid reason exists for testing firearm(s) of member discontinuing police service, member's commanding officer or Executive Director, Police Pension Fund, will prepare REQUEST FOR LABORATORY EXAMINATION (PD521-161) and have member hand deliver firearm(s) with REQUEST direct to Firearms Analysis Section. 8. Deliver property and obtain receipt on PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE, as follows: a. Department Manual - to Executive Director, Police Pension Fund b. Shield - to Administrator-in-Charge, Employee Management Division c. IDENTIFICATION CARD (PD416-091) - to Executive Director, Police Pension Fund for perforation and return to member for delivery to Administrator-In-Charge, Employee Management Division for re-issue of IDENTIFICATION CARD marked "Retired" d. Firearm(s), if not previously vouchered - to Manhattan Property Clerk's Section if NOT applying for a pistol license. (Member discontinuing police service will prepare PROPERTY CLERK'S INVOICE (PD521-141) and two (2) copies of *PISTOL INDEX CARD (PD542-101) at Property Clerk facility). Firearm(s) previously vouchered at other borough Property Clerk Sections will be forwarded to Manhattan Property Clerk's Section by the Property Clerk *NOTE: The revocation of Department form, PISTOL INDEX CARD (PD524-101) is reiterated in I.O. 49 and 50 s 03. e. Helmet and mace with holster - to Firearms and Tactics Section, Police Headquarters range. NOTE: A member intending to apply for a pistol license will comply with instructions received from the Executive Director, Police Pension Fund. Members who reside within the confines of New York City MUST have PISTOL LICENSE APPLICATION (PD643-041) typed and notarized prior to reporting to the Police Pension Fund. A member residing outside New York City must make application for a pistol license to the licensing officer in the municipality in which the member resides. 9. Deliver to Executive Director, Police Pension Fund a. Five (5) copies of PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE indicating disposition of property b. Copy of PROPERTY CLERK'S INVOICE, if applicable. 10. Prepare and submit PENSION APPLICATION (PD440-045), which grants terminal leave, if applicable. 11. Retain copy of: a. PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE b. PROPERTY CLERK'S INVOICE, if prepared. DESK OFFICER 12. Make Command Log entry from the endorsement made by the Executive Director, Police Pension Fund on PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE. a. File copy of receipted form in Property Receipt Book. 13. Notify commanding officer and next higher command. 14. Notify roll call clerk. ADDITIONAL DATA The Police Pension Fund notifies uniformed members of the service well in advance of their 63rd birthdate that such members are required, by law, to retire no later than midnight of the eve of their 63rd birthdate. The member concerned MUST apply for and take all leave, including vacation and terminal leave, PRIOR TO THAT DATE. Any leave NOT TAKEN prior to the member's 63rd birthdate WILL BE FORFEITED; the member will receive NO COMPENSATION WHATSOEVER for time so forfeited. No leaves of any kind may be granted after commencement of terminal leave, nor may the member be placed on sick report, UNLESS such sick report results from an action taken in the line of duty while on terminal leave. A member who discontinues terminal leave PRIOR to the effective retirement date may NOT be granted vacation for at least thirty (30) days AFTER discontinuance of such leave. A member may, however, apply for a thirty (30) day leave of absence WITHOUT PAY, OR return to full duty. Prior to approval of a request for leave WITHOUT PAY of a member discontinuing terminal leave, the approving officer (see P.G. 205-21, "Leave Of Absence Without Pay Thirty (30) Calendar Days Or More") MUST communicate with, and obtain the approval of the Chief of Personnel. A member on terminal leave who withdraws an application for retirement and subsequently re-applies for retirement shall be subject to ALL the provisions of this procedure. In addition, the effective date of retirement must be at least thirty (30) days from the date of re-application. A uniformed member of the service with sufficient reason may request his commanding officer to mail his paycheck while he is on leave prior to retirement. The request shall be prepared on Typed Letterhead and submitted with sufficient number of selfaddressed, stamped envelopes. RELATED PROCEDURES Discontinuance of Police Service - Resignation (P.G. 205-43) Leave Of Absence Without Pay Thirty (30) Calendar Days Or More (P.G. 205-21) FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) LEAVE OF ABSENCE WITHOUT PAY (PD433-041) PENSION APPLICATION (PD440-045) PISTOL INDEX CARD (PD542-101) PISTOL LICENSE APPLICATION (PD643-041) PROPERTY CLERK'S INVOICE (PD521-141) PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013) REQUEST FOR LABORATORY EXAMINATION (PD521-161 Typed Letterhead P.G. 205-43 Discontinuation Of Police Service - Resignation Date Effective: 01-01-00 PURPOSE To facilitate the resignation of a uniformed member of the service. DEFINITION RESIGNATION - Voluntary separation from the department other than retirement/vested interest. PROCEDURE When a uniformed member of the service decides to resign from the Department: MEMBER CONCERNED 1. Report to permanent command and notify commanding officer. a. If commanding officer is NOT present, inform desk officer. COMMANDING OFFICER 2. Instruct member that resignation bars reinstatement EXCEPT if approved by the Police commissioner within one (1) year of date of resignation. 3. Request member concerned to complete, in ink, and sign appropriate section of RESIGNATION AND EXIT INTERVIEW (PD425-151). 4. Interview member and record responses under appropriate captions of RESIGNATION AND EXIT INTERVIEW. 5. Sign RESIGNATION AND EXIT INTERVIEW and distribute as indicated on bottom of each copy of form. 6. Have stationhouse clerk prepare set of PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013). 7. Sign PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE. DESK OFFICER 8. Make Command Log entry of resignation. 9. Obtain FUEL DISPENSING SYSTEM card from resigning member, and: a. Notify Fuel Control Unit, by telephone, of resignation. b. Forward card to Fuel control Unit. 10. Notify Operations Unit that uniformed member is resigning. 11. Give member on duty at Operations Unit following information concerning resigning member: a. Rank b. Last name, first name, middle initial c. Shield number d. Tax registry number e. Social Security number f. Command g. Date of appointment h. Hour and date of resignation NOTE: Operations Unit personnel will notify Communications Section (for transmittal of FINEST message), Internal Affairs Bureau, Payroll Section, Police Pension Fund and Employee Management Division. 12. Assign member concerned to second platoon on last working day. a. If last workday of resigning member is on Saturday or Sunday, member will report to Police Pension Fund for processing on Friday and perform clerical duty in command on Saturday and Sunday. RESIGNING MEMBER 13. Prepare PROPERTY CLERK'S INVOICE (PD521-141) listing firearms to be safeguarded. NOTE: Borough Property Clerk facilities will ONLY accept property recorded on the pre-numbered PROPERTY CLERK'S INVOICE that pertains to that borough. 14. Prepare two (2) copies of *PISTOL INDEX CARD (PD524-101) for each firearm to be safeguarded. *NOTE: The revocation of Department form, PISTOL INDEX CARD (PD524-101) is reiterated in I.O. 49 and 50 s 03. 15. Prepare one (1) set of carbon interleaved (four [4] part) ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICER - REPORT TO NEW YORK STATE POLICE (PD424150) for each firearm safeguarded. 16. Deliver firearms with PROPERTY CLERK'S INVOICE, *PISTOL INDEX CARD, ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICER - REPORT TO NEW YORK STATE POLICE to borough Property Clerk's Section, ONLY. *NOTE: The revocation of Department form, PISTOL INDEX CARD (PD524-101) is reiterated in I.O. 49 and 50 s 03. 17. Report to Police Pension Fund on last working day in civilian clothes with PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE, ALL property and two (2) copies of PROPERTY CLERK'S INVOICE (pink copy and green copy). a. Resigning uniformed member of the service will retain "blue" copy of PROPERTY CLERK'S INVOICE as receipt for firearms. NOTE: If uniformed member of the service refuses to report to Police Pension Fund for processing, commanding officer will accept property and have it delivered to appropriate commands in Headquarters. 18. Deliver department property to commands indicated below and obtain receipt on PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE form. a. Department Manual (Patrol Guide, Administrative Guide, Organization Guide and Detective Guide) - to Executive Director, Police Pension Fund b. Identification Card and shield - to Administrator, Employment Section c. Helmet, mace and mace holster - to officer-in-charge, Firearms and Tactics Section, Police Headquarters Range. NOTE: ALL uniformed members of the service MUST return the Patrol Guide. Detectives, detective investigators and detective supervisors MUST return the Patrol Guide and Detective Guide. ALL uniformed members of the service in the rank of captain and above MUST return the Patrol, Administrative, Detective and Organization Guides. POLICE PENSION FUND REPRESENTATIVE 19. Examine PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE to insure that ALL property is returned or accounted for. 20. Prepare necessary resignation papers and give resigning member appropriate instructions. 21. Forward to desk officer/counterpart following forms in Department mail: a. PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE b. PROPERTY CLERK'S INVOICE. DESK OFFICER 22. File copy of PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE in Property Receipt Book.. 23. Notify commanding officer, roll call clerk and next higher command of resignation. IF MEMBER IS RESIGNING IN PERSON, NOT AT PERMANENT COMMAND, AND WILL NOT REPORT TO POLICE PENSION FUND FOR PROCESSING: DESK OFFICER COMMAND OF RESIGNATION 24. Prepare RESIGNATION AND EXIT INTERVIEW (five [5] part snap-out). 25. Request member to sign form. a. If member refuses, so indicate. 26. Sign and distribute form as indicated in step 5 above. 27. Notify Operations Unit of member's resignation. a. Operations Unit personnel will make required notifications. 28. Notify member's permanent command of resignation. 29. Make Command Log entry of member's resignation including names of persons notified. 30. Question resigning member concerning location of property. 31. Instruct member concerned that benefits, pension contributions, etc., will NOT be returned until ALL property is accounted for and that the Police Commissioner will decide if resignation is without permission. 32. Assign uniformed member to deliver property of resigning member to permanent command. 33. Instruct resigning member to contact Police Pension Fund for instructions concerning benefits. DESK OFFICER PERMANENT COMMAND 34. Have following forms prepared: a. PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE b. PROPERTY CLERK'S INVOICE c. *PISTOL INDEX CARDS *NOTE: The revocation of Department form, PISTOL INDEX CARD (PD524-101) is reiterated in I.O. 49 and 50 s 03. d. ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICER - REPORT TO NEW YORK STATE POLICE. 35. Inspect member's FORCE RECORD (PD406-143) to determine Department property and firearms possessed by member. 36. Have uniformed supervisor and clerical member of the service open member's locker and obtain property. 37. Have uniformed member of the service deliver resigning member's firearms with related forms to borough Property Clerk's Section. 38. Assign member to deliver PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (five [5] copies), copies of PROPERTY CLERK'S INVOICE (pink and green) and ALL department property to Police Pension Fund. POLICE PENSION FUND REPRESENTATIVE 39. Process papers of resigning member and check PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE to insure ALL Department property and firearms are returned. 40. Forward to member's permanent command a copy of: a. PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE b. Copy of PROPERTY CLERK'S INVOICE. DESK OFFICER PERMANENT COMMAND 41. Check PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE to insure that ALL Department property and firearms of resigning member are accounted for, and/or safeguarded. IF MEMBER RESIGNS OTHER THAN IN PERSON (BY TELEGRAM, REGISTERED LETTER, ETC.): C.O./SUPERVISING OFFICER, RECEIVING RESIGNATION 42. Notify Operations Unit of member's resignation. a. Operations Unit personnel will make required notifications. 43. Notify resigning member's permanent command, if necessary. C.O., PERSONNEL ORDERS SECTION 44. Mail certified letter to member concerned acknowledging receipt and acceptance of resignation. a. Advise member that Police Commissioner will decide if resignation is without permission. MEMBER'S C.O./SUPERVISORY HEAD 45. Attempt to personally communicate with member to determine location of Department property and member's firearms. 46. Instruct member concerned that pension contributions, etc., will NOT be returned until ALL property and firearms are returned and/or accounted for. 47. Have desk officer inspect FORCE RECORD of member to determine what Department property and firearms are possessed by member. DESK OFFICER, MEMBER'S COMMAND 48. Assign sergeant and clerical member of the service to open member's locker and obtain department property. 49. Make Command Log entry of all facts. 50. Request desk officer of designated precinct to assign a supervisor to a specified location to obtain member's property. a. Precinct designated will be determined by location of property. SUPERVISOR, DESIGNATED PRECINCT 51. Visit location(s) and obtain property. 52. Deliver property to desk officer of member's permanent command. DESK OFFICER 53. Comply with steps 13 to 18 above, insofar as possible, regarding preparation of forms and delivery of property to Headquarters commands. ADDITIONAL DATA In an effort to facilitate vacation selections, uniformed members of the service in the rank of police officer through deputy chief receive their entire vacation allotment on January 1st of any given year. However, members concerned are reminded that they are only entitled to use their entire vacation allotment if they are employed for the full year. Uniformed members who resign during the calendar year may only use the amount of vacation days based on the monthly accrual rates as follows: a. Uniformed members appointed PRIOR to July 1, 1988, as per P.G. 203-19, "Vacation Policy". b. Uniformed members appointed AFTER July 1, 1988 at the rate of: (1) 2 1/4 days each month AFTER the first five (5) years of service for a total of twenty-seven (27) vacation days (2) 1 2/3 days each month PRIOR TO 5TH YEAR ANNIVERSARY for a total of twenty (20) vacation days. NOTE: Uniformed member whose 5th year anniversary falls within calendar year receives a prorated vacation accrual based on date of appointment. A uniformed member of the service who uses vacation in excess of the accrual rates PRIOR to resigning will be required to forfeit pay and/or reimburse the Department for the paid vacation days used in excess of the accrual. RELATED PROCEDURE Vacation Policy (P.G. 203-19) FORMS AND REPORTS ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICER - REPORT TO NEW YORK STATE POLICE (PD424-150) PISTOL INDEX CARD (PD524-101) PROPERTY CLERK'S INVOICE (PD521-141) PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013) RESIGNATION AND EXIT INTERVIEW (PD425-151) P.G. 205-44 Pistol License For Retiring Members Of The Service Date Effective: 01-01-00 PURPOSE To expedite the issuance of a pistol license to a uniformed member of the service retiring. PROCEDURE A uniformed member of the service who desires to obtain a pistol license will, prior to last tour of duty: RETIRING MEMBER OF THE SERVICE 1. Obtain pistol license from local police authority if a non- resident of City. 2. Prepare PISTOL LICENSE APPLICATION (PD643-041) complying with directions on form. a. Two (2) copies if resident of New York City b. Three (3) copies if non-resident of New York City. 3. Request commanding officer to endorse reverse side of application under caption, "Investigating Officer's Recommendation." CLERICAL MEMBER 4. Fingerprint retiring member using: a. NON-CRIMINAL FINGERPRINT RECORD (PD423-144) b. New York State Non-Criminal Fingerprint Card (O13 OOIN) c. F.B.I. Applicant Form (FD258) RETIRING MEMBER OF THE SERVICE 5. Obtain three (3) head type photographs, 1 1/2 inch square a. If non-resident of New York City, four (4) photographs are required. NOTE: Photographs must have been taken within thirty (30) days of application. 6. Report to Identification Section, Police Headquarters with fingerprints for processing. 7. Report to Payroll/Police Pension Fund to obtain Certificate of Service with medical endorsement. a. If non-resident, an additional copy of Certificate of Service is required for local police authority. 8. Prepare a U.S. Postal Money Order as follows: a. Seventy-four ($74) dollars payable to New York State Division of Criminal Justice Services. 9. Report to Pistol License Section, Police Headquarters with the following documents: a. PISTOL LICENSE APPLICATIONS and photographs b. Fingerprint forms c. Certificate of Service d. Money Order e. Copy of PROPERTY CLERK'S INVOICE (PD521-141) if firearms are in custody of Property Clerk. ADDITIONAL DATA A retiring uniformed member of the service who resides outside New York City must obtain a New York State Pistol License from his local police authority prior to making application to the Pistol License Section for a New York City License. Because the retiring member cannot receive a Certificate of Service until his last working day, he may be unable to receive his New York State License prior to his retirement date. Therefore, the retiring member will deposit his firearms in the Manhattan Property Clerk's Office and upon receipt of his State License, comply with the above procedure. RELATED PROCEDURES Discontinuance Of Police Service Retirement-Vested Interest (P.G. 205-42) FORMS AND REPORTS NON-CRIMINAL FINGERPRINT RECORD (PD423-144) PISTOL LICENSE APPLICATION (PD643-041) PROPERTY CLERK'S INVOICE (PD521-141) P.G. 205-45 Chronic Absence Control Program Date Effective: 09-28-01 PURPOSE To curtail abuse of sick leave privileges. DEFINITIONS CHRONIC SICK - CATEGORY "A" - A uniformed member of the service who reports sick for any reason, EXECPT an initial line of duty absence OR for hospitalization at any time, four (4) or more times within a twelve month period. CHRONIC SICK - CATEGORY "B" - A unformed member of the service who reports sick for any reason, EXCEPT initial line of duty OR for hospitalization at any time, six (6) or more times within a twelve (12) month period; OR For any reason EXCEPT an initial line of duty absence or for hospitalization at any time, four (4) or more times within a twelve (12) month period and loses forty (40) or more workdays (not calendar days). SCOPE Outpatient service such as ambulatory surgery is not considered hospitalization for the purpose of this procedure. PROCEDURE When a uniformed member of the service is initially designated "CHRONIC ABSENT": COMMANDING OFFICER, MEDICAL DIVISION 1. Notify member's commanding officer, in writing, by forwarding appropriate copies of CHRONIC ABSENT NOTIFICATION (PD433-148). COMMANDING OFFICER 2. Notify member of such designation, by delivering original copy (white) of CHRONIC ABSENT NOTIFICATION, after completing first endorsement. 3. Indicate notification on member's ABSENCE AND TARDINESS RECORD (PD433-145). 4. Advise member that such designation will remain in effect according to the following classification: a. CATEGORY "A" - for six (6) months from date of return to duty following last absence. b. CATEGORY "B" - for nine (9) months from date of return to duty following last absence. NOTE: Subsequent sick reports, EXCLUDING initial line of duty or hospitalization, during the six (6) or nine (9) month period will extend the designation period accordingly UNLESS such designation is revoked on appeal. WHEN A MEMBER WISHES TO APPEAL A CHRONIC SICK DESIGNATION MEMBER CONCERNED 5. Prepare report, in DUPLICATE, on Typed Letterhead, addressed to the Commanding Officer, Medical Division, within thirty (30) days of chronic absent designation, indicating the reason(s) for objection to designation. 6. Present report to commanding officer for review and recommendation. COMMANDING OFFICER 7. Review report and forward, with endorsement, to Commanding Officer, Medical Division. a. Include recommendation and reason(s) in support or denial of appeal. COMMANDING OFFICER, MEDICAL DIVISION 8. Confer with Chief Surgeon and district surgeon concerned. 9. APPROVE/DISAPPROVE appeal. 10. Forward DISAPPROVED appeal to Chief of Personnel for final dertermination. 11. Notify commanding officer of member concerned of results of appeal. COMMANDING OFFICER 12. Inform member concerned of final determination. ADDITIONAL DATA The following restrictions shall apply to members designated Category "B": a. Not eligible for Administrative Return b. Assignment to Special Medical District, regardless of residence and existing medical district. c. Not permitted to leave residence without the express permission of the Special Medical District Surgeon. Members violating this procedure will be subject to Charges and Specifications, not Command Discipline. Category "B" members who report sick and indicate an inability to travel, or who fail to report to the Special Medical District when scheduled, will be visited by a supervising officer of the Medical Division. Member will then be transported to the Special Medical District (if able to travel). CHARGES AND SPECIFICATIONS (PD468-121) will be prepared by a ranking officer from the Medical Division if Special Medical District Surgeon determines that: a. the sick member was able to travel to the Special Medical District, OR b. the member displays no objective evidence of illness or injury claimed. Category "B" members found fit for duty after examination by the Special Medical District Surgeon and who report sick again for the SAME reason prior to their next scheduled tour of duty, may be suspended from duty without pay if upon subsequent examination by a surgeon, no objective findings of such illness or injury are found. CHARGES AND SPECIFICATOINS will be prepared by the Commanding Officer, Medical Division. A FINEST message will be transmitted daily listing those members reporting sick within the previous twenty-four (24) hours and specifically identifying those who will report to the Special Medical District instead of their own district surgeon. Members concerned will be notified by their commanding officer. Granting of applications or recommendations for discretionary benefits, including promotion, extra compensation, designation, heightened assignments, off-duty employment and scholarships will be discretionary while a member is Chronic Absent, Category "A" or "B". No discretionary benefits and privileges will be denied solely because a member is Chronic Absent, Categories "A" or "B". RELATED PROCEDURES Reporting Sick (P.G. 205-01) FORMS AND REPORTS ABSENCE AND TARDINESS RECORD (PD433-145) CHARGES AND SPECIFICATIONS (PD468-121) CHRONIC ABSENT NOTIFICATION (PD433-148) P.G. 205-46 Counseling Services Unit Date Effective: 10-17-03 PURPOSE To ensure that all members of the service are informed about the Counseling Services Unit. DEPARTMENT COUNSELING GUIDELINES SCOPE The primary function of the Counseling Services Unit is to assist in the recovery and return to full and productive service those members of the service who are experiencing difficulties with alcohol, prescription medication, gambling or finances. The Department's objective, at all levels, is the early detection and referral of its personnel for evaluation and treatment, either as a self-referral or through a direct supervisory referral. The Counseling Services Unit is not a disciplinary unit, nor a sanctuary for misconduct. To afford confidentiality to members of the service who utilize this program, the Counseling Services Unit is located in a non-Department facility located at: 189 Montague Street, 7th Floor, Brooklyn, New York 11201, telephone number: (718) 834-8433, Monday through Friday between 0700-1800 hours. During non-business hours the Counseling Services Unit may he contacted through the Sick Desk Supervisor, at: (718) 760-7606. Alcoholism is a primary, chronic disease with genetic, psychosocial and environmental factors influencing its development and manifestations. Untreated, the disease is often progressive and fatal. It is characterized by continuous or periodic impaired control over drinking, preoccupation with the drug alcohol, use of alcohol despite adverse consequences, and distortions in thinking, most notably denial. Alcoholism is a fully treatable disease, especially when intervention occurs in the early stages. Self-referral, before the condition results in personal tragedy or misconduct, is ideal. However, it must be emphasized that denial and cover-up are inherent components of this disease. Therefore, supervisors are a vital link to the process of early detection, referral, treatment and recovery. A supervisor may contact the Counseling Services Unit and request that a member be evaluated. Federal law and regulations governing confidentiality prohibit disclosure of any information or record pertaining to substance abuse treatment. The Counseling Services Unit may not disclose any information that identifies a member as a participant except under the following circumstances: a. Written consent from the member concerned b. Valid subpoena and U.S. District Court Order c. Suspected child abuse d. Danger to self or another Records maintained by the Counseling Services Unit are absolutely confidential and not duplicated or forwarded anywhere within the Department. In non-disciplinary cases, when a supervisor officially refers a member, no report will he prepared and no record of the referral will be noted in the member's personnel folder. Supervisors making referrals will only be advised as to the level of cooperation and only on a need to know basis. Members participating in this program will not jeopardize their assignments or promotional opportunities. However, the member may be disciplined for specific acts of misconduct. The services of the Counseling Services Unit are NOT available to members of the service for illegal drug use. All members of the service are mandated by provisions of "Administration of Drug Screening Tests for Cause," P.G. 205-30 to make official notification to the commanding officer/duty captain, or Internal Affairs Bureau Command Center when illegal drug use is suspected. Prior to final adjudication of a disciplinary matter, in all misconduct cases in which the use of alcohol is indicated, an alcoholism assessment by the Counseling Services Unit must he conducted. In addition, in appropriate cases, a final adjudication of the disciplinary matter will be held in abeyance pending completion of treatment for alcoholism. The Department Advocate's Office or the Office of the Special Prosecutor, as appropriate, will ensure that these steps are taken. In domestic violence cases, the Early Intervention Unit will refer the member to the Domestic Incident Education Program. The Department Advocate's Office or the Office of the Special Prosecutor, as appropriate, will ensure that these steps are taken. P.G. 205-47 Temporary Removal Of Firearms In Non-Disciplinary Cases Date Effective: 03-26-04 PURPOSE To temporarily remove a uniformed member of the service's firearms and evaluate that member's fitness to perform duty in non-disciplinary cases. DEFINITION RANKING OFFICER- For the purposes of this procedure only, a Department surgeon, uniformed member of the service in the rank of captain or above, or other competent authority. PROCEDURE Whenever a Department surgeon, uniformed member of the service in the rank of captain or above, or other competent authority, determines that a member's firearms should be temporarily removed for non-disciplinary reasons (e.g., stress as a result of family or other situations, suicidal tendencies, etc.) the following steps will be complied with: RANKING OFFICER 1. Request response of Department psychologist, if warranted, through the Sick Desk Supervisor, at (718) 760-7606. 2. Direct that the member's pistols, revolvers, IDENTIFICATION CARD (PD416-091), and shield be removed. 3. Deliver surrendered property to command where the order to surrender was given. 4. Ascertain if member possesses additional firearms, i.e. pistols, revolvers, rifles or shotguns: a. Question member directly b. Direct desk officer, command of surrender, to check member's FORCE RECORD (PD406143). DESK OFFICER, COMMAND OF SURRENDER 5. Notify member's permanent command and request a check of member's FORCE RECORD (PD406-143) to determine if all weapons listed have been surrendered. 6. Arrange to obtain other additional firearms if necessary. NOTE: The command where any of the member's pistols or revolvers are located may be directed to retrieve the weapons and deliver them to either the member's command or to the command in which the investigation is being conducted, if appropriate. 7. Have PROPERTY CLERK'S INVOICE (PD521-141) prepared for firearms obtained. Include on INVOICE notation "Property of uniformed member of the service - Not to be returned without approval of Commanding Officer, Medical Division." a. Place shield, and IDENTIFICATION CARD into a Plastic Security Envelope and seal. (Do not prepare INVOICE for these items). b. Secure firearms, shield, and IDENTIFICATION CARD in the command's property locker. c. Make appropriate entries in Command Log. NOTE: Do not prepare REMOVAL/RESTORATION OF FIREARMS REPORT (PD-524-152). RANKING OFFICER 8. Make notification to Early Intervention Unit. If closed, have notification made at beginning of next business day. 9. Prepare detailed confidential report addressed to Commanding Officer, Medical Division, and forward direct. 10. Forward copies of the report to: a. Director, Employee Management Division (Attention: Early Intervention Unit) in all cases. b. The member's commanding officer in all cases. c. Chief of Internal Affairs Bureau (IAB) only if the incident generates an IAB log number. (Notify IAB Command Center of results of investigation). d. Investigative unit concerned (i.e. borough/bureau investigations unit) only if further investigation of the incident is necessary. NOTE: If the incident involves corruption/serious misconduct, comply with P.G. 20608, "Suspension From Duty-Uniformed Member of the Service," or 206-10, "Modified Assignment," 206-17, "Removal and Restoration of Firearms" and 207-21, "Allegations of Corruption and Serious Misconduct Against Members of the Service." 11. Direct member concerned to: a. Report to his/her permanent command at 0900 hours for each tour of duty that falls on a business day (Monday through Friday). b. Work normally assigned tour hours whenever tour of duty (Saturday or Sunday) or holiday. falls on a weekend c. Be assigned to non-enforcement duties. d. Follow steps 11a.-11c. as indicated above until an evaluation determination and further reporting instructions from the Commanding Officer, Medical Division are received. COMMANDING OFFICER, MEDICAL DIVISION 12. Review confidential report prepared by ranking officer. 13. Determine with supervisory psychologist if member concerned should be evaluated by the Psychological Evaluation Unit. 14. Notify member concerned to appear at Psychological Evaluation Unit if determination is made that member requires evaluation. WHEN IT IS DETERMINED THAT THERE IS A MEDICAL OR PSYCHOLOGICAL REASON FOR THE MEMBER'S FIREARMS TO BE OFFICIALLY REMOVED 15. Have member's firearms officially removed when deemed necessary. NOTE: Medical Division will be responsible for: a. Placing member on restricted duty. b. Issuing a Firearms Removal serial number. c. Preparing REMOVAL/RESTORATION OF FIREARMS REPORT and forwarding it to desk officer, command of surrender. d. Notify commands concerned regarding member's status and the official removal of firearms. e. Directing member to report to Employee Management Division for a restricted duty IDENTIFICATION CARD. DESK OFFICER, COMMAND OF SURRENDER 16. Upon receipt of REMOVAL/RESTORATION OF FIREARMS REPORT from Medical Division, comply with P.G. Procedure 206-17, "Removal and Restoration of Firearms," regarding the forwarding of firearms, shield and IDENTIFICATION CARD. WHEN DETERMINATION IS MADE THAT MEMBER DOES NOT REQUIRE A PSYCHOLOGICAL EVALUATION OR A PSYCHOLOGICAL EVALUATION FINDS NO BASIS TO OFFICIALLY REMOVE THE MEMBER'S FIREARMS COMMANDING OFFICER, MEDICAL DIVISION 17. Notify desk officer, command of surrender and also member's permanent command, if different that: a. There is no medical/psychological objection to returning the member's firearms, shield, and IDENTIFICATION CARD. b. Member must report to the Early Intervention Unit on the next business day. DESK OFFICER, COMMAND OF SURRENDER/MEMBER'S PERMANENT COMMAND 18. Make: a Return call to Medical Division to verify authenticity of the notification. b. Entry in Telephone Record. 19. Notify commanding officer and roll call personnel. 20. Return firearms, shield, and IDENTIFICATION CARD to member. 21. Ensure that member reports to the Early Intervention Unit on the next business day. 22. Make Command Log entry. EARLY INTERVENTION UNIT 23. Conduct Career Guidance Interview with the member upon arrival at the Early Intervention Unit. ADDITIONAL DATA The interview with the Early Intervention Unit may take place after the member's firearms have been returned provided the interview takes place on the next business day. AUTHORIZATION TO SAFEGUARD FIREARMS AT MEMBER'S COMMAND DUE TO A CURRENT PERSONAL PROBLEM When a member believes that possession of firearms, during off-duty hours, could further aggravate a current personal problem, (e.g. potential domestic violence accusations), the member concerned may request that his/her firearms be safeguarded at the command. The desk officer must make a Command Log entry each tour the member elects to safeguard his/her firearms. The entry will indicate the date, time, rank, name and tax registry number of the member making the request, and the serial numbers of all firearms being safeguarded. An entry concerning the justification for this type of request is not required. A notification in the margin of the original entry will also be made indicating the date and time the firearms were returned to the member. The member will continue to perform full duty according to the normal duty chart or work schedule. At the conclusion of each tour the member may deliver his/her firearms to the desk officer until the personal problem is rectified. RELATED PROCEDURES Cause For Suspension/Modified Assignment (P.G. 206-07) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) Modified Assignment (P.G. 206-10) Removal Of Firearms From Intoxicated Uniformed Member Of The Service (P.G. 206-12) Removal and Restoration of Firearms (P.G. 206-17) FORMS AND REPORTS FORCE RECORD (PD406-143) PROPERTY CLERK'S INVOICE (PD521-141) REMOVAL/RESTORATION OF FIREARMS REPORT (PD 524-152) Disciplinary Matters P.G. 206-01 Reporting Violations Observed By Supervisors Date Effective: 01-01-00 PURPOSE To report violations observed by supervisory officers to commanding/executive officers for corrective action. PROCEDURE Upon observing or becoming aware of a violation of the rules or procedures by a member of the service: SUPERVISORY MEMBER 1. Prepare SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468123). 2. Notify desk officer of member's command and obtain next serial number from the COMMAND DISCIPLINE LOG (PD468-102). a. Serial numbers commence with number one each year. DESK OFFICER 3. Make required entries in COMMAND DISCIPLINE LOG. SUPERVISORY MEMBER 4. Submit REPORT to the commanding officer of the subject member. 5. Provide copy of REPORT to commanding officer for information and file if subject member is from different command. ADDITIONAL DATA Personnel assigned to the Department Advocate's Office are available to advise commanding/executive officers concerning command discipline charges. RELATED PROCEDURES Violations Subject To Command Discipline (P.G. 206-03) Command Discipline (P.G. 206-02) Authorized Penalties Under Command Discipline (P.G. 206-04) Preparation Of Charges And Specifications (P.G. 206-05) FORMS AND REPORTS COMMAND DISCIPLINE LOG (PD468-102) SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) P.G. 206-02 Command Discipline Date Effective: 01-01-00 PURPOSE To empower a commanding/executive officer to maintain discipline within his/her command, without resorting to formal charges and a Department trial. DEFINITION COMMAND DISCIPLINE - Non-judicial punishment available to a commanding/executive officer to correct deficiencies and maintain discipline within the command. PROCEDURE Upon receiving a SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) concerning a member of the service (uniformed or civilian) assigned to his/her command: COMMANDING/EXECUTIVE OFFICER 1. Investigate to determine if allegation is substantiated. 2. Indicate findings on REPORT, if allegation is not substantiated and: a. For actions described in violations subject to command discipline procedure Schedule "A": (1) File the report in back of Command Discipline Log after recording disposition. b. For actions described in violations subject to command discipline procedure Schedule "B": (1) File original in back of Command Discipline Log (2) Forward copy to next higher command for informational purposes. 3. Determine if the violations, when substantiated, may be disposed of under command discipline. 4. Confer with supervisor who prepared REPORT, if necessary. 5. Schedule interview, if possible, with member concerned on a date when supervisor who prepared REPORT is available. 6. Advise member that one local representative of a line organization may be present at the interview. 7. Inform member of alleged violations and conduct interview. a. Do not record minutes. b. Interview will be informal and non-adversarial. 8. Give member an opportunity to make a statement in rebuttal. 9. Conduct further investigation, if necessary. 10. Inform supervisor who prepared REPORT of the results of the investigation and any proposed penalty. 11. Inform member of results of investigation and any penalty. 12. Advise member that he/she is entitled to: a. Accept finding and proposed penalty, or b. Accept finding but appeal proposed penalty to Command Discipline Review Panel, or c. Decline to accept the finding and proposed penalty and have the matter resolved through formal charges and specifications. 13. Inform the member that the decision of the Command Discipline Review Panel is final and not subject to review, and that the Panel has the authority to: a. Approve proposed penalty, or b. Reduce proposed penalty to any corrective measure the commanding officer was authorized to impose, or c. Increase proposed penalty to not more than double that proposed by the commanding officer. 14. Give member copy of REPORT at close of interview. NOTE: Absent exigent circumstances (for example: extended sick, leave of absence, etc.,) the commanding/executive officer shall ensure that the above steps are completed within sixty (60) days of the date of issuance. UNIFORMED MEMBER OF THE SERVICE 15. Notify commanding officer, in writing, on REPORT of the option elected within three (3) working days of the commanding/executive officer's decision. IF MEMBER ACCEPTS FINDINGS AND PROPOSED PENALTY COMMANDING OFFICER 16. Enter disposition on REPORT and ensure that timekeeper makes and verifies adjustments made to member's time records with Payroll Management System, as necessary. 17. File REPORT in command. 18. In all cases where a Schedule "B" command discipline has been substantiated and disposed of, forward a copy of the REPORT to the Department Advocate's Office and the Disciplinary Assessment Unit, through channels. IF MEMBER ACCEPTS FINDINGS AND DECLINES PROPOSED PENALTY COMMANDING/EXECUTIVE OFFICER 19. Enter disposition on REPORT. 20. Forward to the next higher command, the REPORT, and facts of incident on Typed Letterhead with member's disciplinary history. NEXT HIGHER COMMAND 21. Assemble a Command Discipline Review Panel and adjudicate the matter, if necessary. a. Inform the member's commanding officer of the findings relative to the penalty. COMMANDING/EXECUTIVE OFFICER 22. Forward a copy of the REPORT and a copy of the Panel's decision to the Department Advocate's Office and the Disciplinary Assessment Unit, for all Schedule "B" violations. IF MEMBER ELECTS FORMAL CHARGES 23. Enter disposition on REPORT and file. 24. Confer with the Department Advocate's Office regarding the preparation of charges and specifications. DEPARTMENT ADVOCATE'S OFFICE 25. Prepare and forward CHARGES AND SPECIFICATIONS (PD468-121), after conferral with the commanding officer/executive officer, if appropriate. 26. Record all substantiated Schedule "B" command disciplines in member's Central Personnel Index. ADDITIONAL DATA If the subject of command discipline is transferred, the commanding/executive officer of the former command is responsible for the completion of the case. All relevant records shall be forwarded to the member's new commanding officer. If the commanding/executive officer is transferred, the new commanding/executive officer will complete the case. Remove and destroy records and dispositions of convictions listed under Schedule "A" on the anniversary date of each entry, provided the member has no subsequent disciplinary violations. Additionally, remove and destroy all unsubstantiated command disciplines from the Command Discipline Log on the anniversary date of entry. RELATED PROCEDURES Reporting Violations Observed By Supervisors (P.G. 206-01) Violations Subject To Command Discipline (P.G. 206-03) Authorized Penalties Under Command Discipline (P.G. 206-04) Preparation Of Charges And Specifications (P.G. 206-05) Sealing Disciplinary Records (P.G. 206-14) Review Of Disciplinary Action Proposed Under Command Discipline (A.G. 318-05) FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) COMMAND DISCIPLINE LOG (PD468-102) SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) P.G. 206-03 Violations Subject To Command Discipline Date Effective: 01-01-00 PURPOSE To inform members of the service (uniformed and civilian) of the violations of Department regulations which may be adjudicated by command discipline. PROCEDURE When any of the following violations are brought to the attention of a commanding/executive officer, the commanding/executive officer concerned may initiate command discipline: SCHEDULE "A" VIOLATIONS 1. Absence from meal location, post or assignment 2. Failure to sign return roll call 3. Failure to signal or signal improperly 4. Improper uniform or equipment 5. Failure to maintain neat and clean personal appearance 6. Omitted ACTIVITY LOG (PD112-145) entries 7. Omitted entries in Department records, forms or reports 8. Failure to submit reports in a timely manner 9. Failure to make proper notifications 10. Smoking as prohibited 11. Unnecessary conversation 12. Failure to lock an unguarded Department vehicle 13. Loss of IDENTIFICATION CARD (PD416-091) 14. Reporting late for duty 15. Carrying packages, newspapers or other articles as prohibited while in uniform or Department vehicle 16. Failure to notify supervising officer when leaving post for Department or personal necessity 17. Failure to make routine inspections and surveys as required 18. Unauthorized person riding in Department vehicle 19. Failure to give name and shield number to person requesting 20. Failure to notify commanding officer when address, telephone number, or social condition changes [REV 01-01] 21. Wearing or carrying an unauthorized beeper/pager and/or cellular telephone while on duty 22. Loss of summons or loss of summons book 23. Failure to have locker secured or properly tagged 24. Failure to sign in or out of court 25. Failure to perform duties in connection with court appearances 26. Failure to properly perform or improperly perform patrol or other assignment 27. Failure to present required firearms to the range officer at firearms training cycle 28. Obvious neglect of care of firearm(s) 29. Failure to attend a training cycle (firearms included) 30. Failure to maintain live, authorized ammunition in authorized weapons (includes having the required maximum amount of ammunition in the weapon) 31. Illegal parking of Department or private vehicle(s) 32. Failure to make a timely notification to the Sick Desk and command, as required 33. Failure to comply with proper driving rules and regulations 34. Unauthorized use of Department telephones 35. Any other minor violation that, in the opinion of the commanding/executive officer is appropriate for Schedule A command discipline procedure. SCHEDULE "B" VIOLATIONS 1. Loss of shield 2. Failure to safeguard prisoner 3. Loss of Department property 4. Failure to respond, report disposition promptly or acknowledge radio calls directed to member's unit 5. Bringing alcoholic beverages into a Department facility or vehicle unless it is within the scope of an assignment 6. Any other violation, which, in the opinion of the commanding/executive officer and after notification to the patrol borough adjutant and consultation with the Department Advocate, is appropriate for Schedule "B" command discipline procedure. ADDITIONAL DATA The above violations may not be processed as command discipline if the violation is aggravated by conditions that make it inap propriate for disposition by command discipline or if member concerned requests a Department trial. The Department Advocate's Office is available to provide field commanders or internal investigation units with advice concerning charges and specifications, command disciplines, suspensions, and/or arrests of members of the service (uniformed or civilian). When it has been determined that disciplinary action should be taken for the loss of or failure to safeguard a firearm, a consultation with the Department Advocate's Office will be made to determine appropriate disciplinary action. A commanding/executive officer must confer with the borough adjutant, prior to adjudicating a third command discipline for the same member within a six (6) month period, to determine if charges and specifications should be instituted. If charges are appropriate, a consultation with the Department Advocate will be necessary for final approval of charges and specifications. Borough adjutant will inspect command discipline records to ascertain that the above procedures are complied with. RELATED PROCEDURES Reporting Violations Observed By Supervisors (P.G. 206-01) Command Discipline (P.G. 206-02) Authorized Penalties Under Command Discipline (P.G. 206-04) Preparation Of Charges And Specifications (P.G. 206-05) Service And Disposition Of Charges And Specifications (P.G. 206-06) Sealing Disciplinary Records (P.G. 206-14) FORMS AND REPORTS ACTIVITY LOG (PD112-145) IDENTIFICATION CARD (PD416-091) P.G. 206-04 Authorized Penalties Under Command Discipline Date Effective: 01-01-00 PURPOSE To inform members of the service (uniformed and civilian) of the penalties a commanding/executive officer may impose under command discipline. PROCEDURE When a command discipline allegation is substantiated: COMMANDING/EXECUTIVE OFFICER 1. Impose one (1) of the following penalties: a. Forfeiture of up to five (5) days vacation or accrued time for Schedule "A" violations. b. Forfeiture of up to ten (10) days vacation or accrued time for Schedule "B" violations. c. Revocation of permission to engage in outside employment for a fixed period of time, not to exceed thirty (30) days, if the violation is related to the outside employment. d. Restrict out-of-command assignments, which pay "portal-to-portal" and overtime for a fixed period, not to exceed five (5) such assignments. NOTE: The above penalties DO NOT prohibit a commanding/executive officer from: a. Warning and admonishing verbally b. Warning and admonishing in writing, copy to be filed with the papers c. Changing assignment within the command either for a fixed period or indefinitely. ADDITIONAL DATA In all cases where a Schedule "B" command discipline has been substantiated and disposed of, forward a copy of the SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) to the Department Advocate's Office and the Disciplinary Assessment Unit, through channels. RELATED PROCEDURE Command Discipline (P.G. 206-02) FORMS AND REPORTS SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) P.G. 206-05 Preparation Of Charges And Specifications Date Effective: 01-01-00 PURPOSE To ensure that CHARGES AND SPECIFICATIONS (PD468-121) and related papers are prepared expeditiously, accurately and completely. PROCEDURE When a violation is inappropriate for command discipline or when command discipline is declined: COMMANDING OFFICER/SUPERVISOR PREFERRING CHARGES 1. Direct assigned supervisor/investigator to consult with the Department Advocate's Office regarding the alleged misconduct and obtain approval for the preparation of CHARGES AND SPECIFICATIONS. a. Provide written documentation, files, and/or investigative reports supporting the basis for charges and specifications, upon request. NOTE: The Department Advocate's Office shall ensure that a sufficient legal basis exists for each charge and specification approved and that all necessary steps associated with the investigation have been completed. In appropriate cases, the Department Advocate's Office may direct the issuance of a command discipline in lieu of charges and specifications. AFTER CHARGES AND SPECIFICATIONS HAVE BEEN VERBALLY APPROVED COMMANDING OFFICER/SUPERVISOR PREFERRING CHARGES 2. Telephone the Internal Affairs Bureau Command Center. a. Obtain name of Internal Affairs Bureau member notified and log number. 3. Provide the Department Advocate's Office with a Typed Letterhead, addressed to the First Deputy Commissioner, describing the basis for each charge and specification. a. Include the following: (1) Internal Affairs Bureau log number and name of person notified (2) Command/bureau serial number (3) Duty schedule of complainant and respondent (4) Name of consulting attorney who approved charges and specifications. NOTE: When a member of the service has been suspended, the report on Typed Letterhead must be forwarded to the Department Advocate's Office within forty-eight (48) hours of suspension. 4. Provide the Department Advocate's Office with two (2) copies of the investigative file that the charges and specifications are to be based on. a. Provide any other additional documentation and/or reports that are requested by the Department Advocate's Office. 5. Advise the respondent that he/she is the subject of charges and specifications. a. Obtain the name, address and telephone number of the respondent's attorney and provide same to the Department Advocate's Office. DEPARTMENT ADVOCATE 6. Direct the preparation of an original set of CHARGES AND SPECIFICATIONS. a. Forward to commanding officer of the originating command along with original Typed Letterhead. (1) Base charges and specifications on criminal indictment or information, if any, arising out of same subject matter. NOTE: If criminal charges are dismissed or result in acquittal, consult with the commanding officer concerned, if necessary. (2) Endorse approved CHARGES AND SPECIFICATIONS and date stamp. (3) Ensure that CHARGES AND SPECIFICATIONS contain the correct serial number from the originating command and all information pertaining to the duty schedules of the complainant and the respondent. NOTE: The member assigned to the Department Advocate's Office preparing the CHARGES AND SPECIFICATIONS will indicate in the box captioned "RANK/TITLE," the appropriate status, e.g., "Probationary Police Officer" or "Provisional Office Aide," etc. The member's rank/title will also be indicated under the caption "SPECIFICATIONS," when making reference to the member, e.g., "Said Probationary Police Officer Smith," etc. Additionally, if charges are preferred against a member who has been placed on disciplinary/dismissal probation, the specifications will be prefaced with the words, "While on disciplinary/dismissal probation." When a member of the service has been suspended, the completed CHARGES AND SPECIFICATIONS will be forwarded to the requesting supervisor within two (2) business days from the time the request for charges is received. COMMANDING OFFICER/SUPERVISOR PREFERRING CHARGES 7. Have member of the service preferring charges and specifications sign the original CHARGES AND SPECIFICATIONS. 8. Sign the CHARGES AND SPECIFICATIONS. 9. Date stamp and forward original CHARGES AND SPECIFICATIONS and original Typed Letterhead to the next higher command within forty- eight (48) hours. WITHIN THREE (3) BUSINESS DAYS OF RECEIPT OF CHARGES AND SPECIFICATIONS COMMANDING OFFICER, NEXT HIGHER COMMAND 10. Endorse the original set of CHARGES AND SPECIFICATIONS. 11. Date stamp and forward the original set of CHARGES AND SPECIFICATIONS and Typed Letterhead to the Department Advocate's Office. 12. Forward copy of CHARGES AND SPECIFICATIONS to: a. Chief of Personnel b. Member's command c. Originating command. 13. Retain copy of CHARGES AND SPECIFICATIONS. UPON RECEIPT OF CHARGES AND SPECIFICATIONS FROM BOROUGH COMMANDER/COUNTERPART DEPARTMENT ADVOCATE 14. Review for completeness and date stamp. Ensure assigned attorney completes review and assessment of the CHARGES AND SPECIFICATIONS within thirty (30) days. ADDITIONAL DATA Commanding officers are directed to fully complete the DEPARTMENT ADVOCATE'S OFFICE BACKGROUND INFORMATION REPORT (PD468-147), relating to evaluation and whether or not member is on disciplinary or entry level probation. This must be completed and forwarded within five (5) days of receipt to Department Advocate's Office. RELATED PROCEDURES Service And Disposition Of Charges And Specifications (P.G. 206-06) Cause For Suspension Or Modified Assignment (P.G. 206-07) Suspension From Duty Uniformed Member Of The Service (P.G. 206-08) Review Of Disciplinary Charges (A.G. 318-02) Official Communications - Preparation (A.G. 322-11) FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) DEPARTMENT ADVOCATE'S OFFICE BACKGROUND INFORMATION REPORT(PD468-147) Typed Letterhead P.G. 206-06 Service And Disposition Of Charges And Specifications Date Effective: 01-01-00 PURPOSE To ensure that the formal disciplinary process is commenced (service of charges and specifications) and concluded (disposition of charges and specifications) in a coordinated, timely and efficient manner. PROCEDURE Upon receipt of CHARGES AND SPECIFICATIONS (PD468-121) from the borough commander/next higher command: COMMANDING OFFICER, DEPARTMENT ADVOCATE'S OFFICE 1. Forward copy of CHARGES AND SPECIFICATIONS to respondent's attorney within two (2) weeks along with the underlying explanatory memorandum prepared by the supervisor/investigator preferring the charges and specifications. NOTE: CHARGES AND SPECIFICATIONS will be served upon a suspended member of the service expeditiously. (Exception may be made, with the approval of the First Deputy Commissioner, when extenuating circumstances exist). A suspended probationary member of the service will not be served, except as directed by the First Deputy Commissioner. 2. Serve original and copy of CHARGES AND SPECIFICATIONS upon member of the service. a. If personal service cannot be made, see "ADDITIONAL DATA" below. NOTE: Absent exigent circumstances, service of charges and specifications shall be within six (6) weeks after receipt by the Department Advocate's Office. However, in disciplinary cases where the statute of limitations and/or other matters require expeditious attention, the Department Advocate's Office will have the authority to direct whatever actions are deemed necessary to effectuate the timely service of charges and specifications. RESPONDENT 3. Sign and return the original copy to the person serving the CHARGES AND SPECIFICATIONS. 4. Have available and provide to Department Advocate's Office personnel: a. Chart/squad, vacation and military schedule, and b. Any other leave/absences. (1) Advise the Department Advocate's Office of any changes of the aforementioned. 5. Retain copy of CHARGES AND SPECIFICATIONS. MEMBER CONCERNED, DEPARTMENT ADVOCATE'S OFFICE 6. Sign original copy of CHARGES AND SPECIFICATIONS as a witness. COMMANDING OFFICER, DEPARTMENT ADVOCATE'S OFFICE 7. Provide the respondent with an opportunity to accept a penalty disposition in disciplinary case(s), when appropriate. NOTE: The Department Advocate will confer regularly with the First Deputy Commissioner concerning the Department's disciplinary policy. 8. Schedule Department trial date the day of service of CHARGES AND SPECIFICATIONS, when disciplinary case(s) are not otherwise disposed of, absent exigent circumstances. NOTE: When Department charges and specifications relate to outstanding criminal charges, the disciplinary case may only be set for trial or otherwise disposed of with the prior approval of the First Deputy Commissioner. DEPARTMENT ADVOCATE 9. Ensure that all disciplinary decisions are accurately and promptly recorded. 10. Review all disciplinary cases for trends or patterns and policy implications. a. Make periodic recommendations to the First Deputy Commissioner. ADDITIONAL DATA If personal service of the CHARGES cannot be made, service may be effected: a. By mailing the CHARGES AND SPECIFICATIONS to the person to be served at his last known residence by registered or certified mail, return receipt requested, OR delivering the CHARGES AND SPECIFICATIONS to a person of suitable age and discretion at his place of business, dwelling or usual place of abode of the person to be served. Proof of service will be filed with the Deputy Commissioner - Trials or the Commanding Officer, Operations Unit. (1) Service is complete three (3) days after filing. b. By delivering a copy of the CHARGES AND SPECIFICATIONS to the agent of the person to be served. c. Where service under subdivisions "a" and "b" cannot be made, affix CHARGES AND SPECIFICATIONS either to the door of the actual place of business, dwelling or usual place of abode, of the person to be served and by mailing (registered or certified, return receipt requested) the CHARGES AND SPECIFICATIONS to the person at his last known residence. (1) Proof of such service will be filed with the Deputy Commissioner - Trials or the Commanding Officer, Operations Unit. (2) Service is complete three (3) days after filing. d. In such manner as the Deputy Commissioner-Trials directs, upon motion without notice, if service is impractical under subdivisions "a," "b" or "c." RELATED PROCEDURE Preparation Of Charges And Specifications (P.G. 206-05) FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) P.G. 206-07 Cause For Suspension Or Modified Assignment Date Effective: 01-01-00 PURPOSE To describe those actions for which uniformed or civilian members of the service may be suspended or, for which uniformed members of the service may be placed on modified assignment. NOTE: Civilian members of the service may NOT be placed on modified assignment. 1. The Police Commissioner, a deputy commissioner, a hearing officer assigned to the Office of Deputy Commissioner - Trials, the Chief Surgeon, Deputy Chief Surgeon, a civilian director, or a uniformed member of the service in the rank of captain or higher may suspend a member of the service (uniformed or civilian) or place a uniformed member of the service on modified assignment when, in their opinion, such action is necessary. 2. A ranking officer (uniformed member of the service in rank of sergeant or above) in-charge or in-command MUST SUSPEND a member of the service when the member: a. Refuses to perform assigned duties at roll call or during tour of duty b. Refuses an order of a ranking member to answer question specifically directed and narrowly related to the performance of official duties, after being informed of member's rights as specified in P.G. 206-13, "Interrogation Of Members Of The Service" c. Is absent without leave for five (5) consecutive tours d. Refuses to obey a lawful order by a ranking member e. Refuses to submit to a drug-screening test f. Has an interest in, or association with, or patronizes premises (licensed or unlicensed) engaged in illegal gambling operations, use of drugs, smoke shops, social clubs, or after hours clubs, except in the performance of duty. NOTE: Traffic Managers and Administrative School Safety Managers are authorized to suspend civilian personnel under their command for violations listed in step 2 above. (The principal of the school where the school safety agent is assigned will be notified of the suspension). Suspension by a ranking officer, by a Traffic Manager or an Administrative School Safety Manager, other than a captain and above, is by authority of the First Deputy Commissioner. Prior conferral or approval of the First Deputy Commissioner is NOT required. 3. A captain or above may place a uniformed member of the service on modified assignment or suspension when a member: a. Is indicted by a grand jury b. Is arrested c. Is served with CHARGES AND SPECIFICATIONS (PD468-121), alleging serious misconduct d. Is unfit for duty due to the effects of an intoxicant or drug or after effects thereof e. Patronizes an unlicensed premises (neighborhood tavern or restaurant with an expired/suspended license) where the only apparent illegal activity is the sale of alcoholic beverages, except in the performance of duty. NOTE: A member of the service (uniformed or civilian) presently on suspension, or a uniformed member of the service on modified assignment pursuant to either steps 2 or 3 above, MUST be re-suspended or suspended, as applicable, for any subsequent violation of the subject steps. ADDITIONAL DATA In all cases in which the investigating commanding officer/duty captain is contemplating changing the duty status of a member of the service (i.e., suspension, modification or restricted duty pending evaluation of duty status), he/she should confer with the Internal Affairs Bureau Command Center to ascertain any relevant information pertaining to the member(s) of the service, PRIOR to making this decision. This conferral is to obtain background information that may assist in the investigation. All decisions regarding the investigation, as well as any resulting determination regarding the member's duty status, remain the responsibility of the commanding officer/duty captain concerned. In appropriate cases, a captain or above may assign to administrative duties in the next higher command suspension or modified assignment, when there is no and facts or circumstances indicate such assignment the Department. a uniformed member of the service without placing the member on disciplinary action contemplated would be in the best interests of The borough commander/counterpart will review the assignment within three (3) days and determine further appropriate action. A report of this review and results, including the anticipated date member will be returned to command, will be prepared on Typed Letterhead and forwarded to the First Deputy Commissioner. In all cases where the decision to suspend a member of the service (uniformed or civilian) or to place a uniformed member of the service on modified assignment is based on the discretion of the captain or above (steps 1 and 3 of this procedure), he/she will, prior to making that decision, confer with the borough commander/counterpart or executive officer. The Office of Deputy Commissioner - Legal Matters will be available for questions related to law and the Department Advocate's Office will be available for advice on procedures for suspension or modified assignment. However, the decision to suspend or place a uniformed member of the service on modified assignment will rest with the field commander. A ranking officer who reasonably believes that a uniformed member of the service is unfit for duty due to effects of an alcoholic intoxicant will notify the precinct commander/duty captain who will respond, conduct an investigation, and based upon common sense standards determine if the member is fit for duty. If found unfit, whether on or off duty, the captain making such determination will suspend the member or place him/her on modified assignment; apprise the member concerned of the availability of the Counseling Service Program, and, if the member desires to participate, contact the Counseling Service DIRECT, during normal business hours, or during other than business hours, request conferral by contacting the Sick Desk, supervisor. The precinct commander/duty captain will also prepare seven (7) copies of report on Typed Letterhead detailing observations and circumstances leading to determination of unfitness and action taken. Forward copies (DIRECT) to First Deputy Commissioner, Deputy Commissioner - Trials, Chief of Department, Chief of Personnel, Department Advocate's Office, and one (1) copy to be filed in command. An additional copy will be forwarded to the First Deputy Commissioner (THROUGH CHANNELS). FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) Typed Letterhead P.G. 206-08 Suspension From Duty Uniformed Member Of The Service Date Effective: 01-01-00 PURPOSE To temporarily prohibit a uniformed member of the service from performing assigned duties. PROCEDURE When a uniformed member of the service is suspended: RANKING OFFICER IN CHARGE 1. Inform member concerned of suspension from duty and the reason. 2. Direct member to surrender all Department property and all revolvers or pistols owned or possessed. 3. Direct member to report in person, if not on sick report, each Monday, Wednesday and Friday to residence precinct. (Captain and above will report to residence borough command.) 4. Inform suspended member that he may request waiver of reporting requirement by submitting form AGREEMENT TO ACCEPT SERVICE OF NOTICE (PD468-126) at residence precinct or Department Advocate's Office. NOTE: If suspended member prepares form in residence precinct, the precinct commander will forward a copy of the form to the Department Advocate's Office. If the form is prepared in the Department Advocate's Office, Department Advocate personnel will notify the desk officer, precinct of residence that the suspended member no longer has to report. UNIFORMED MEMBER OF THE SERVICE 5. Surrender, promptly, all Department property and all pistols or revolvers owned or possessed. 6. Do not wear uniform while suspended. RANKING OFFICER IN CHARGE 7. Enter facts concerning suspension in Command Log. 8. Notify supervisor on duty at Operations Unit, member's command, and member's residence precinct, if below rank of captain, or residence borough command if captain or above. a. Notify Internal Affairs Bureau Command Center. 9. Follow procedure for removal of property as outlined in P.G. 206-17, "Removal And Restoration Of Firearms." a. Property other than firearms, shield and IDENTIFICATION CARD (PD416-091) will be retained at member's command. 10. Immediately forward report (DIRECT) to First Deputy Commissioner, Deputy Commissioner - Trials, Chief of Department, Chief of Personnel, Department Advocate and member's commanding officer. Forward an additional copy of report to First Deputy Commissioner (THROUGH CHANNELS). SUPERVISOR ON DUTY, OPERATIONS UNIT 11. Inform ranking officer in charge that CHARGES AND SPECIFICATIONS (PD468-121) must be forwarded within forty-eight (48) hours of the suspension. MEMBER'S COMMANDING OFFICER 12. Have CHARGES AND SPECIFICATIONS prepared. IF SUSPENDED MEMBER ELECTS NOT TO SUBMIT WAIVER (AGREEMENT TO ACCEPT SERVICE OF NOTICE) UNIFORMED MEMBER CONCERNED 13. Report to residence precinct each Monday, Wednesday and Friday. DESK OFFICER, RESIDENCE PRECINCT 14. Direct member to prepare REPORT OF SUSPENDED MEMBER'S VISIT (PD408-061) in your presence. 15. Complete appropriate captions under section entitled "Witnessed By." 16. Make entry in Command Log and deliver REPORT to integrity control officer. INTEGRITY CONTROL OFFICER 17. Maintain a list of uniformed members of the service who are suspended and are required to report to the residence precinct. 18. Check Telephone Record and FINEST messages each day to ensure that uniformed members who are required to report are added to the list as required. NOTE: If doubt exists regarding reporting by uniformed members of the service, contact Department Advocate's Office, Trial Calendar Unit. 19. Monitor appearances of suspended uniformed members of the service. 20. Inform commanding officer when suspended member fails to report as required. COMMANDING OFFICER, RESIDENCE PRECINCT 21. Prepare SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468123), if member fails to report as required. 22. Forward SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT to member's commanding officer for further disciplinary action, if required. ADDITIONAL DATA A uniformed or civilian member of the service under suspension who desires to be restored to duty or a uniformed member under suspension who desires to be placed on modified assignment will submit a request to the First Deputy Commissioner through the Department Advocate's Office. When a uniformed member of the service, in the rank of sergeant and above, is being suspended the following provisions shall be applied. The member shall be suspended with pay until the following Sunday. Commencing at 0001 hours on that Sunday, the member shall be on suspension without pay. The suspension without pay will continue in full week (Sunday to Saturday) increments. The minimum suspension without pay shall be for one (1) full week. The maximum time shall be four (4) full weeks. shall always be returned to duty on a Sunday at 0001 hours. The member RELATED PROCEDURES Preparation Of Charges And Specifications (P.G. 206-05) Cause For Suspension Or Modified Assignment (P.G. 206-07) Modified Assignment (P.G. 206-10) Removal And Restoration Of Firearms (P.G. 206-17) Suspension Of Civilian Employee (A.G. 319-18) Residence Reports (A.G. 320-02) FORMS AND REPORTS AGREEMENT TO ACCEPT SERVICE OF NOTICE (PD468-126) CHARGES AND SPECIFICATIONS (PD468-121) REPORT OF SUSPENDED MEMBER'S VISIT (PD408-061) SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) P.G. 206-09 Suspension From Duty - Civilian Member Of The Service Date Effective: 01-01-00 PURPOSE To temporarily prohibit a civilian member of the service from performing duty and to complete disciplinary procedures within (30) days. PROCEDURE When a civilian member of the service is suspended: RANKING OFFICER IN CHARGE 1. Inform member concerned of suspension from duty and reason. 2. Direct member to surrender all Department property. a. Have IDENTIFICATION CARD (PD416-091) forwarded direct to Employee Management Division with Typed Letterhead and obtain receipt. b. Have Department Gas Card forwarded to Fuel Control Center with Typed Letterhead and obtain receipt. c. Have other department property safeguarded at command, e.g., keys, etc. 3. Direct civilian member of the service not to wear uniform or part of uniform while under suspension. 4. Notify member concerned that charges are to be preferred and will be processed in normal manner. a. Supervise preparation of charges. 5. Notify the following: a. Operations Unit b. Internal Affairs Bureau Command Center c. Civilian member's commanding officer/counterpart, if not present. SUPERVISOR ON DUTY, OPERATIONS UNIT 6. Enter facts concerning suspension in Command Log. 7. Inform ranking officer in charge that CHARGES AND SPECIFICATIONS (PD468-121) must be forwarded within forty-eight (48) hours of suspension. RANKING OFFICER IN CHARGE 8. Submit report on Typed Letterhead a. First Deputy Commissioner b. Chief of Department c. Deputy Commissioner-Trials d. Department Advocate's Office within twenty-four (24) hours to: e. Civilian member's commanding officer. COMMANDING OFFICER 9. Notify next higher command. COMMANDING OFFICER, NEXT HIGHER COMMAND 10. Contact Department Advocate's Office. 11. Ascertain if every effort is being made to complete disciplinary process within thirty (30) days. 12. Notify Department Advocate of all relevant facts, if circumstances indicate case may not be disposed of within thirty (30) days. IF CIVILIAN HAS BEEN ARRESTED 13. Advise civilian of the following available options prior to arranging conference concerning charges: a. May request conference be held in usual manner, OR b. May request, in writing, an adjournment of all department action pending final determination of criminal case. 14. Instruct civilian member of the option of signing a waiver for any pay due him/her, if he/she is continued on suspension past thirty (30) days. a. Waiver does not apply to lost wages if civilian is ultimately found not guilty. (1) Civilian is entitled to full pay during period of suspension beyond thirty (30) days, less any amount of compensation earned during same period in such case. NOTE: If civilian member has criminal charges pending and refuses to sign waiver, the commanding officer next higher command of civilian must hold informal conference within thirty (30) days of date of suspension. IF CIVILIAN IS AWOL COMMANDING OFFICER OF CIVILIAN 15. Prepare and forward CHARGES AND SPECIFICATIONS. a. If Department property is not accounted for, have COMPLAINT REPORT (PD313-152) prepared. DEPARTMENT ADVOCATE 16. Have civilian member respond to Employee Management Division for IDENTIFICATION CARD, if suspension is rescinded. a. Commanding officer will be responsible for the return of any other department property removed. ADDITIONAL DATA The Department Advocate will have CHARGES AND SPECIFICATIONS served as provided in P.G. 206-06, "Service And Disposition Of Charges And Specifications" and after service, a trial will be held before Deputy Commissioner - Trials, in absentia if necessary. Civilian member may request a formal conference at next higher command at any time prior to holding a formal trial. A civilian member of the service under suspension who desires to be restored to duty will submit a written request to the First Deputy Commissioner through the Department Advocate's Office. Civilian Employee Handbook will be accounted for if civilian is dismissed. RELATED PROCEDURES Notification-Certain Arrest Situations (P.G. 208-69) Command Discipline (P.G. 206-02) Preparation Of Charges And Specifications (P.G. 206-05) Service Of Charges And Specifications (P.G. 206-06) Cause For Suspension Or Modified Assignment (P.G. 206-07) Civilian Employee Resignation (A.G. 319-17) FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) COMPLAINT REPORT(PD313-152) IDENTIFICATION CARD (PD416-091) Typed Letterhead P.G. 206-10 Modified Assignment Date Effective: 03-26-04 PURPOSE To assign a uniformed member of the service to non-enforcement duties pending determination of fitness to perform police duties. SCOPE Firearms may be removed from a uniformed member of the service for disciplinary as well as non-disciplinary reasons. In incidents where there is no misconduct and no disciplinary action is anticipated, the member will not be placed on modified assignment. When a firearms removal is based on non-disciplinary factors, the ranking officer directing the removal will comply with the applicable provisions of Patrol Guide procedure 205-47, "Temporary Removal of Firearms In Non-Disciplinary Cases." PROCEDURE When placing a uniformed member of the service on modified assignment: RANKING OFFICER IN CHARGE 1. Inform member that assignment is contingent upon being available for prompt departmental disciplinary trial. 2. Remove firearms, shield, IDENTIFICATION CARD (PD416-091) and other Department property as directed in P. G. 206-17, "Removal And Restoration Of Firearms". (Member may retain Department Manual). 3. Direct member to report in civilian clothes at 0900 hours, the next business day to Personnel Orders Section. 4. Enter facts in Command Log. 5. Notify supervisor on duty at Operations Unit immediately. a. Notify Internal Affairs Bureau Command Center. 6. Immediately submit report (DIRECT) to First Deputy Commissioner, Deputy Commissioner - Trials, Chief of Department, Chief of Personnel, Dept. Advocate, and member's commanding officer. Forward additional copy of report to First Deputy Commissioner (THROUGH CHANNELS). UNIFORMED MEMBER OF THE SERVICE CONCERNED [I.O. 48 s 04] 7. Report to the Employee Management Division, Shield and Identification Card Unit for a new IDENTIFICATION CARD. ADDITIONAL DATA The First Deputy Commissioner must approve the return of firearms, shield and IDENTIFICATION CARD to a uniformed member of the service on modified assignment unless the Police Commissioner directs return of such property. A uniformed member of the service on modified assignment who desires to be restored to duty will submit a request to the First Deputy Commissioner's Office through the Department Advocate's Office. A member continues to accrue vacation and is permitted to take vacation or authorized leave if there is no conflict with appearance at criminal or disciplinary trial. Members who are defendants in a criminal action shall not appear in court on these cases while on duty. Such appearances shall be made on regular days off or with authorized excusals. If uniformed member on modified assignment does not carry out his duties in a satisfactory manner, the commanding officer of the unit may recommend to the First Deputy Commissioner, through channels, that the member be suspended. RELATED PROCEDURES Cause For Suspension Or Modified Assignment (P.G. 206-07) Removal And Restoration Of Firearms (P.G. 206-17) FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) P.G. 206-11 Member Of The Service Arrested (Uniformed Or Civilian) Date Effective: 01-01-00 PURPOSE To record and investigate cases when members of the service, both uniformed or civilian, are arrested. PROCEDURE When a member of the service is arrested: DEFINITION CRIMINAL VIOLATION - For the purpose of this procedure, means any violation of law, rule or regulation, whether committed within New York State or outside of the State, for which a penalty of a term of imprisonment may be imposed, but shall not include parking violations, traffic infractions (other than leaving the scene of an incident without reporting and driving while ability impaired) and violations of law, rule or regulation when a personal service summons received contemplates a civil penalty only. ARRESTED WITHIN CITY MEMBER OF THE SERVICE ARRESTED 1. Immediately notify arresting authority of position as a member of the New York City Police Department. 2. Promptly notify desk officer, precinct of arrest, of details if arrest effected by law enforcement agency other than New York City Police Department. NOTE: All members of the service (uniformed or civilian), who receive a personal service summons for a criminal violation, are required to immediately notify their commanding officer, and provide the commanding officer with a copy of the summons. DESK OFFICER 3. Immediately notify Internal Affairs Bureau Command Center. 4. Immediately notify precinct commander/duty captain. 5. Promptly notify the Operations Unit and include: a. Time and date of arrest b. Place of occurrence c. Present location of member or place where he will be available for interview d. Identity of all persons involved in the incident e. Manner in which member became involved f. Sickness or injury of member or other persons involved g. Identity and statements of witnesses h. Title and description of the law violated i. Identity of law enforcement agency making arrest (federal, state or local) j. Specific charges against the member k. Date and location of court appearance, if known l. Interim or final disposition, if any. 6. Make entry of notification in Telephone Record and include identity of precinct commander/duty captain notified. PRECINCT COMMANDER/DUTY CAPTAIN 7. Make certain arrested member's commanding officer is notified. 8. Notify patrol borough commander, borough of arrest. PATROL BOROUGH COMMANDER CONCERNED 9. Assign captain or above to conduct investigation. RANKING OFFICER CONDUCTING INVESTIGATION 10. Commence immediate investigation and interview arrested member and witnesses, if any. 11. Submit report on Typed Letterhead to Chief of Department within twenty-four (24) hours. 12. Ascertain status of case no later than twenty-four (24) hours after each court appearance of member. 13. Prepare a report on Typed Letterhead indicating status of case and adjournment dates and forward to: a. First Deputy Commissioner b. Chief of Department c. Chief of Personnel d. Chief of Internal Affairs e. Department Special Prosecutor or Department Advocate's Office, as appropriate f. Patrol borough commander concerned. 14. Direct arrested member to immediately notify his commanding officer if charges are dismissed. ARRESTED OUTSIDE CITY MEMBER OF THE SERVICE ARRESTED 15. Immediately notify arresting authority of position as a member of the New York City Police Department. 16. Immediately notify Operations Unit, comply with the remainder of step 5, subdivisions "a" to "l", and include identity of local police authorities involved. 17. Notify commanding officer without delay. NOTE: Commanding officer will contact arrested member within twenty-four (24) hours of court appearance and ascertain status of case. All members of the service (uniformed or civilian), who receive a personal summons for a criminal violation, are required to immediately notify their commanding officer, and provide the commanding officer with a copy of the summons. SUPERVISOR, OPERATIONS UNIT 18. Immediately notify Internal Affairs Bureau Command Center, and the following: ARREST MADE IN * Westchester, Rockland Orange or Putnam NOTIFY Commanding Officer, Patrol Borough Bronx * Nassau or Suffolk Commanding Officer, Patrol Borough Queens North or South, as appropriate 19. Notify commanding officer of arrested member. a. If command is closed, make notification at 0900 hours, next business day. PATROL BOROUGH COMMANDER OR CHIEF OF INTERNAL AFFAIRS 20. Assign a captain or above, to conduct investigation. RANKING OFFICER CONDUCTING INVESTIGATION 21. Communicate by telephone with arresting authorities to determine if there are witnesses to the incident. NOTE: Ranking officer assigned is authorized to use a Department vehicle within city and the six (6) residence counties without prior permission. 22. Advise the supervising officer, Operations Unit, of facts. 23. Submit report on Typed Letterhead to the Chief of Department within twenty-four (24) hours. 24. Ascertain status of case no later than twenty-four (24) hours after each court appearance of member. 25. Prepare and forward a report, indicating status and adjournment date, to First Deputy Commissioner, Chief of Department, Chief of Personnel, Chief of Internal Affairs, Department Special Prosecutor or Department Advocate's Office (as appropriate), and patrol borough commander responsible for the investigation. a. Include arrest number, docket number, and jurisdiction in this report. IN ALL CASES MEMBER OF THE SERVICE ARRESTED 26. Keep commanding officer informed of status of case at least once every thirty (30) days and include: a. Adjournment dates b. Final disposition c. If appeal made d. Disposition of appeal. 27. Notify commanding officer as soon as possible if charges are dismissed. COMMANDING OFFICER, ARRESTED MEMBER 28. Telephone the Department Advocate and the borough commander responsible for the investigation of the disposition of all criminal charges, if Department charges have been preferred. 29. Provide the Chief of Internal Affairs with a final disposition of all criminal charges involving the arrest of a member of their command. DEPARTMENT ADVOCATE 30. Obtain a "Certificate of Disposition" from the appropriate jurisdiction and verify conviction (or plea) of the member of the service, with special attention to crimes involving domestic violence, upon receipt of notification. RELATED PROCEDURES Notifications In Certain Arrest Situations (P.G. 208-69) Preparation Of Charges And Specifications (P.G. 206-05) Interrogation Of Members Of The Service (P.G. 206-13) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) Modified Assignment (P.G. 206-10) Cause For Suspension Or Modified Assignment (P.G. 206-07) Review Of Arrest Cases Involving A Member Of The Service As A Defendant (P.G. 206-16) FORMS AND REPORTS Typed Letterhead P.G. 206-12 Removal Of Firearms From Intoxicated Uniformed Member Of The Service Date Effective: 10-17-03 REMOVAL OF FIREARMS FROM INTOXICATED UNIFORMED MEMBER OF THE SERVICE PURPOSE To determine if an on/off duty uniformed member of the service is unfit for duty due to intoxication. DEFINITION INTOXICATION - Unfitness for duty due to the influence of alcohol, narcotics, or other drug, or under circumstances in which surrounding events of a timely nature indicate that the member may have been intoxicated during an earlier period directly related to the incident in question. PROCEDURE Upon observing a uniformed member of the service who appears unfit for duty due to intoxication: SUPERVISORY MEMBER 1. Direct that member remain at Department facility or other location pending the arrival of commanding officer/duty captain. 2. Prepare, immediately, SUPERVISOR'S FITNESS FOR DUTY REPORT (PD469-150) based upon observations of member of the service. 3. Notify precinct commander/duty captain to respond to facility. COMMANDING OFFICER/DUTY CAPTAIN 4. Prepare, immediately, SUPERVISOR'S FITNESS FOR DUTY REPORT based upon observations of member of the service. 5. Conduct an investigation to determine if member is unfit for duty due to intoxication at the time of the alleged misconduct. NOTE: Common sense standards will be applied to determine whether a member of the service is unfit for duty due to intoxication. Commanding officers/duty captains will examine the totality of the circumstances and will consider all credible relevant information when determining a member's fitness for duty. Such information will include all SUPERVISOR'S FITNESS FOR DUTY REPORTS prepared, any witness statements made by civilians or members of the service, and any available scientific evidence (Breathalyzer, blood test, etc.). On the basis of all available information, viewed in light of the time elapsed since any alleged acts of misconduct or since the first supervisory observation of the member, the commanding officer/duty captain will conclude whether the member was unfit for duty at the time of the alleged misconduct. 6. Remove firearms when it is determined that member is intoxicated (see P.G. 206-17, "Removal And Restoration Of Firearms"). 7. Place member on modified assignment or suspend from duty, as appropriate. 8. Advise member of availability of Counseling Service Program. NOTE: A supervisory officer is mandated in all cases to contact the Counseling Services Unit on behalf of a member who is placed on modified assignment, suspended, or has his/her firearms removed due to being unfit for duty. The services of the Counseling Service Program are not available to personnel for illegal drug use and/or abuse problems. 9. Have supervisory officer contact Counseling Service DIRECT, during normal business hours. At other times, conferral with a counselor may be requested by contacting the Sick Desk supervisor. 10. Prepare five (5) copies of all completed SUPERVISOR'S FITNESS FOR DUTY REPORTS (commanding officer/duty captain's and referring supervisor's). 11. Prepare seven (7) copies of a report on Typed Letterhead detailing observations and circumstances that led to determination that member was unfit for duty and forward each, with copies of all SUPERVISOR'S FITNESS FOR DUTY REPORTS, as follows: a. First Deputy Commissioner - Original (DIRECT) b. First Deputy Commissioner (THOUGH CHANNELS) c. Chief of Department (DIRECT) d. Chief of Personnel (DIRECT) e. Deputy Commissioner - Trials f. Department Advocate's Office g. Member's commanding officer. ADDITIONAL DATA Prior to final adjudication of a disciplinary matter, in all misconduct cases in which the use of alcohol is indicated, a conferral with the Early Intervention Unit must be made, and an alcoholism assessment by the Counseling Services Unit, must be conducted. In addition, in appropriate cases, final adjudication of the disciplinary matter will be held in abeyance pending completion of treatment for alcoholism. The Department Advocate's Office or the Office of the Special Prosecutor, as appropriate, are required to ensure that these steps are taken. RELATED PROCEDURES Cause For Suspension Or Modified Assignment (P.G. 206-07) Suspension From Duty (P.G. 206-08) Modified Assignment (P.G. 206-10) Administration Of Drug Screening Tests For Cause (P.G. 205-30) Removal/Restoration Of Firearms (P.G. 206-17) FORMS AND REPORTS SUPERVISOR'S FITNESS FOR DUTY REPORT (PD469-150) Type Letterhead P.G. 206-13 Interrogation Of Members Of The Service Date Effective: 01-01-00 PURPOSE To protect the rights of the member of the service (uniformed or civilian) in an official Department investigation. PROCEDURE Prior to questioning a member of the service (uniformed or civilian) who is the subject or a witness in an official investigation: INTERROGATING OFFICER 1. Permit member to obtain counsel if: a. A serious violation is alleged, OR b. Sufficient justification is presented although the alleged violation is minor. 2. Notify member concerned two (2) business days prior to date of hearing to permit member to obtain and confer with counsel. NOTE: A uniformed member of the service in the rank of police officer who is the subject of an official investigation will be given two (2) business days prior to the date of a hearing, if a serious violation is alleged or sufficient justification is presented even though the alleged violation is minor, to obtain and confer with counsel. In addition, a police officer that is a witness in an official investigation is entitled to a period of time, up to four (4) hours, to confer with counsel. A uniformed member of the service in the rank of detective, sergeant, lieutenant or captain and above, who is the subject of an official investigation or a witness in an official investigation, shall be given a reasonable period of time to obtain and confer with counsel prior to questioning. Interrogations of members in routine, noncritical matters should be scheduled during business hours on a day when the member is scheduled to work. Interrogations of detectives, sergeants, lieutenants, and captains and above in emerging investigations, where there is a need to gather timely information, should usually be done after all preliminary steps and conferrals have been completed and the member to be questioned has been afforded a reasonable time to obtain and confer with counsel. In determining what is a reasonable period of time, consideration should be given to the nature of the investigation, the need for the Department to have the information possessed by the member in a timely manner, and the stage the investigation is at when the need to question the member has been determined. The emergent nature and exigent circumstances of each investigation will determine the length of time afforded the member before questioning is conducted. However, in all cases the determination as to what is a reasonable time will be made by the captain (or above) in charge of the investigation. 3. Inform member concerned of: a. Rank, name and command of person in charge of investigation b. Rank, name and command of interrogating officer c. Identity of all persons present d. Whether he is subject or witness in the investigation, if known e. Nature of accusation f. Identities of witnesses or complainants (address need not be revealed) except those of confidential source or field associate unless they are witnesses to the incident g. Information concerning all allegations. h. The Department's policy regarding making false statements (see P.G. 203-08). 4. Permit representative of department line organization to be present at all times during interrogation. 5. Conduct interrogation at reasonable hour, preferably when member is on duty during daytime hours. 6. Ensure that interrogation is recorded either mechanically or by a department stenographer. a. The Department Advocate will determine if a transcript is required in noncriminal or minor violation cases. 7. DO NOT use: a. "Off the record" questions b. Offensive language or threats (transfer, dismissal or other disciplinary punishment) c. Promises of reward for answering questions. 8. Regulate duration of question periods with breaks for meal, personal necessity, telephone call, etc. 9. Record all recesses. NOTE: Interrogations may be conducted before or after CHARGES AND SPECIFICATIONS (PD468-121) have been served. An interrogation conducted after service of charges must be completed at least ten (10) days prior to the date of Department trial except as directed by the Deputy Commissioner - Trials. 10. Conduct interrogation within a reasonable time after disposition of criminal matter, when member was arrested, indicted or under criminal investigation. DEPARTMENT ADVOCATE 11. Furnish member with copy of tape of interrogation no later than twenty (20) days after service of charges. a. If interrogation was conducted after service of charges, tape must be furnished to member no later than five (5) days after interrogation b. Furnish transcript, if one was prepared, by 1000 hours on trial date, in all cases. NOTE: When the Department trial date is scheduled immediately after CHARGES AND SPECIFICATIONS are served, the Deputy Commissioner - Trials will grant the Department reasonable time to conduct an interrogation. In any event, a copy of the tape and a copy of the transcript must be furnished as indicated above, if appropriate. COMMANDING OFFICER OF MEMBER 12. Assign member to 2nd Platoon, if possible. MEMBER OF THE SERVICE 13. Answer questions specifically directed and narrowly related to official duties. (Refusal shall result in suspension from duty). 14. Submit OVERTIME REPORT (PD138-064) if lost time accrues as result of investigation. SUPERVISOR IN CHARGE OF INVESTIGATION 15. Notify the desk officer immediately when member of the service is directed to leave his post or assignment to report for an official investigation. 16. Ensure that notifications concerning official investigations are properly recorded in appropriate Department records when made to or recorded from: a. Complainants b. Witnesses c. Lawyers d. Respondents e. Other interested parties. DESK OFFICER 17. Record in appropriate department records and notify the investigating command immediately of notifications or messages received from: a. Lawyers b. Witnesses c. Complainants d. Other interested parties involved in the subject investigation. ADDITIONAL DATA If a member of the service (uniformed or civilian) is under arrest or is the subject of a criminal investigation or there is a likelihood that criminal charges may result from the investigation, the following warnings shall be given to the member concerned prior to commencement of the interrogation: "I wish to advise you that you are being questioned as part of an official investigation by the Police Department. You will be asked questions specifically directed and narrowly related to the performance of your duties. You are entitled to all the rights and privileges guaranteed by the laws of the State of New York, the Constitution of this state and the Constitution of the United States, including the right not to be compelled to incriminate yourself and the right to have legal counsel present at each and every stage of this investigation. I further wish to advise you that if you refuse to testify or to answer questions relating to the performance of your official duties, you will be subject to departmental charges, which could result in your dismissal from the Police Department. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceedings. However, these statements may be used against you in relation to subsequent departmental charges." The questions and answers resulting from the interrogation conducted pursuant to this procedure are confidential. They are not to be revealed nor released to any person or agency outside the department without prior written approval of the Deputy Commissioner - Legal Matters. If a subpoena duces tecum is received for any such questions and answers, the Legal Bureau should be contacted immediately. FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) OVERTIME REPORT (PD138-064) P.G. 206-14 Sealing Disciplinary Records Date Effective: 01-01-00 PURPOSE To ensure that disciplinary records regarding Schedule "B" command disciplines and certain corruption/misconduct allegations are sealed in a member's Central Personnel Index file. DEFINITION SEALED - Information is suppressed on member's Central Personnel Index whenever background inquiry is made, including promotion and transfer requests. PROCEDURE When a member of the service wishes to seal all records pertaining to a Schedule "B" command discipline: MEMBER OF THE SERVICE 1. Prepare a Typed Letterhead addressed to commanding officer requesting the sealing of Schedule "B" command discipline on the 3rd anniversary from the date of disposition. COMMANDING OFFICER/EXECUTIVE OFFICER 2. Determine if requesting member received charges and specifications and/or additional Schedule "B" command discipline(s) during the above time frame. 3. Expunge SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468123) from member's command folder, endorse original request and forward to Employee Management Division, if no additional violations. a. If member has been the subject of an additional violation(s), advise member by endorsement on original request and file copy in member's command folder. b. Advise member that he/she may resubmit request three (3) years after the disposition of the most recent disciplinary violation. UPON RECEIPT OF ENDORSED REQUEST EMPLOYEE MANAGEMENT DIVISION 4. Seal Schedule "B" command discipline on member's Central Personnel Index if satisfied clemency requirement has been met. 5. Endorse original request and return to member concerned. 6. Forward a copy of endorsed request to: a. Disciplinary Assessment Unit b. Department Advocate's Office. ADDITIONAL DATA Allegations of misconduct ("M" Cases) or corruption ("C" Cases) which result in a final disposition of exonerated or unfounded will be sealed in the member's Central Personnel Index by the Internal Affairs Bureau. Sealed allegations and command disciplines will only be available to the Internal Affairs Bureau for statistical evaluations and internal investigations. Additionally, these records will be made available to the Legal Bureau and the Early Intervention Unit as necessary to enable those commands to perform their respective responsibilities. RELATED PROCEDURES Command Discipline (P.G. 206-02) Authorized Penalties Under Command Discipline (P.G. 206-04) FORMS AND REPORTS SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) Typed Letterhead P.G. 206-15 Sealing Disciplinary Charges Date Effective: 01-01-00 PURPOSE To seal disciplinary charges in a member of the service's Central Personnel Index file, the Department Advocate's Office Disciplinary Record System database and any other folders/files where disciplinary charges are maintained. PROCEDURE When a member of the service (uniformed or civilian) who has been found "not guilty" after a Department trial requests to have disciplinary charges sealed: UNIFORMED MEMBER OF THE SERVICE 1. Prepare request on Typed Letterhead, not earlier than two (2) years following final decision after trial, and include: a. Name of member of the service b. Shield/tax registry number c. Department Advocate's Office case number d. Date of final decision by Police Commissioner NOTE: A trial decision is final on the date it is signed by the Police Commissioner. 2. Forward request direct to Commanding Officer, Department Advocate's Office. COMMANDING OFFICER, DEPARTMENT ADVOCATE'S OFFICE 3. Review request to have disciplinary charges sealed. 4. Make recommendation to Police Commissioner, through channels, considering: a. Member's overall service record b. Nature of charges c. Other relevant factors. 5. Attach request to recommendation and forward to Assistant Department Advocate. Commissioner - ASSISTANT COMMISSIONER DEPARTMENT ADVOCATE 6. Review recommendation and request. a. Forward with comments to First Deputy Commissioner by endorsement. FIRST DEPUTY COMMISSIONER 7. Review endorsed recommendation and forward to Police Commissioner by endorsement with recommendation for final determination. POLICE COMMISSIONER 8. Approve/disapprove request by endorsement after review of recommendations. 9. Have approved/disapproved request forwarded to Commanding Officer, Department Advocate's Office, through channels. COMMANDING OFFICER, DEPARTMENT ADVOCATE'S OFFICE 10. File approved/disapproved requests in appropriate case folder for member concerned. 11. Seal the appropriate disciplinary record in Department Advocate's Disciplinary Record System database, if request approved. a. Request that Central Personnel Index Unit seal the appropriate charges and specifications in member's Central Personnel Index file, for approved cases. 12. Notify member concerned, in writing, of final determination of Police Commissioner, whether approved or disapproved. 13. Request that Commanding Officer of member concerned delete relevant disciplinary record in folder/files, i.e., personal folder, integrity control officer's investigation folder, etc., for approved cases. COMMANDING OFFICER, MEMBER CONCERNED 14. Ensure the deletion of member's disciplinary record from folders/files maintained in command, for approved cases. ADDITIONAL DATA The Department Advocate's Office shall ensure that charges and specifications from a member's Central Personnel Index file and the Department Advocate's Office Disciplinary Record System database are sealed whenever: a. The charges were dismissed based on establishing (in the dismissal memorandum) that a violation of Department regulations did not occur, OR b. The charges were based on mistaken identification. The dismissal memorandum submitted by the Department Advocate shall include a recommendation that the charges be sealed in the member's Central Personnel Index file and the Department Advocate's Disciplinary Record System database. Once a disciplinary record is sealed, it may NOT be referred to when a member is being promoted, transferred or being considered for a detail assignment. However, the Department Advocate's Office disciplinary case file, including copies of CHARGES AND SPECIFICATIONS (PD468-121), may be utilized for informational purposes as necessary. FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) Typed Letterhead P.G. 206-16 Review Of Arrest Cases Involving A Member Of The Service As A Defendant Date Effective: 01-01-00 PURPOSE To enable the Department's Special Prosecutor to conduct an immediate, initial review of all criminal cases where a member of the service is a defendant, and to ensure appropriate case assignment. PROCEDURE When a member of the service is arrested: BUREAU/UNIT MAKING ARREST 1. Ensure copies of reports (i.e. Typed Letterhead, addressed to First Deputy Commissioner, and other arrest paperwork) are hand delivered on day of occurrence or by 0900 hours next business day. DEPARTMENT SPECIAL PROSECUTOR 2. Review investigative reports concerning arrest. 3. Recommend to the First Deputy Commissioner that the matter be assigned to either the Department Advocate's Office, or the Department Special Prosecutor's Office. NOTE: If the case is appropriate for assignment to the Department Special Prosecutor's Office, wording of charges and specifications will be prepared by the Department Special Prosecutor and returned to the Commanding Officer, Department Advocate's Office for all necessary processing. The case will then be assigned to the Department Special Prosecutor's Office. However, if the case is appropriate for assignment to the Department Advocate's Office, the case folder will be returned to the Commanding Officer, Department Advocate's Office and assigned to an attorney for consultation and approval of charges. 4. Maintain a log of all cases. 5. Inform unit concerned of case assignment as determined by the First Deputy Commissioner. PENDING CRIMINAL CASE WHERE MEMBER OF THE SERVICE HAS NOT BEEN SEPARATED FROM DEPARTMENT PRIOR TO CONCLUSION OF CRIMINAL CASE: BUREAU/UNIT RESPONSIBLE FOR ARREST 6. Monitor each court appearance of subject member of the service. 7. Notify assigned Department prosecutor (Department Advocate or Department Special Prosecutor) upon conclusion of criminal matter. a. Initiate additional investigation, as directed. WHEN MEMBER OF THE SERVICE IS CONVICTED: DEPARTMENT ADVOCATE/SPECIAL PROSECUTOR 8. Recommend an appropriate administrative disposition of case upon being notified of a conviction. NOTE: In cases where the recommendation is dismissal, a Final Order of Dismissal and appropriate base papers will be submitted to the First Deputy Commissioner. DISMISSAL OF CRIMINAL MATTER (ACQUITTAL, VIOLATION, ETC.): DEPARTMENT ADVOCATE/SPECIAL PROSECUTOR 9. Evaluate the case, and make an appropriate recommendation to the First Deputy Commissioner, without delay upon notification of dismissal of the criminal matter. FORMS AND REPORTS Typed Letterhead P.G. 206-17 Removal And Restoration Of Firearms Date Effective: 03-26-04 PURPOSE To remove firearms from a uniformed member of the service at the direction of a ranking officer or other competent authority. NOTE: This procedure does not pertain to members whose firearms removal is based on non-disciplinary factors, or who voluntarily surrender firearms solely for safekeeping while experiencing a current personal problem off-duty, (e.g. potential domestic violence accusations). See Patrol Guide procedure 205-47, "Temporary Removal of Firearms In Non-Disciplinary Cases." SCOPE Firearms may be removed from a uniformed member of the service for disciplinary as well as non-disciplinary reasons. In incidents where there is no misconduct and no disciplinary action is anticipated, the member will not be placed on modified assignment. When a firearms removal is based on non-disciplinary factors, the ranking officer directing the removal will comply with the applicable provisions of Patrol Guide procedure 205-47, "Temporary Removal of Firearms In Non-Disciplinary Cases." DEFINITION RANKING OFFICER - For the purposes of this procedure, a ranking officer is a uniformed member of the service in the rank of sergeant or above. PROCEDURE When a uniformed member of the service is suspended or placed on modified assignment, or when a police surgeon, ranking officer or other competent authority believes a uniformed member of the service is unable to properly safeguard his firearms. SURGEON/COMPETENT AUTHORITY 1. Request Communications Section to send a ranking officer to scene if necessary. 2. Direct member concerned to surrender all pistols, revolvers, IDENTIFICATION CARD (PD416-091) and shield. RANKING OFFICER 3. Obtain member's pistols, revolvers, shield and IDENTIFICATION CARD. 4. Deliver property to precinct where the order to surrender was given. 5. Direct member who is assigned to restricted duty to report to Employee Management Division for new IDENTIFICATION CARD. 6. Question member to determine if he possesses additional pistols or revolvers. DESK OFFICER PRECINCT OF SURRENDER 7. Notify member's permanent command and request a check of member's FORCE RECORD (PD406-143) to determine if all weapons listed have been surrendered. 8. Arrange to obtain other pistols and revolvers if necessary. a. The precinct/command where any of the member's pistols or revolvers are located may be directed to retrieve the weapons and deliver them to either the member's command or to the command in which the investigation is being conducted, if appropriate. 9. Notify Medical Division - Sick Desk and obtain a Firearms Removal serial number. 10. Have PROPERTY CLERK'S INVOICE (PD521-141) prepared for firearms obtained, including notation "PROPERTY OF SUSPENDED/MODIFIED ASSIGNMENT MEMBER - NOT TO BE RETURNED UNLESS APPROVED COPY OF REMOVAL/RESTORATION OF FIREARMS REPORT (PART B) (PD524-152) IS PRESENTED." 11. Prepare REMOVAL/RESTORATION OF FIREARMS REPORT (PD524-152) and distribute according to instructions on form. 12. Send firearms with PROPERTY CLERK'S INVOICE by messenger to borough office of Property Clerk. a. Forward to Firearms Analysis Section if circumstances warrant. 13. Forward IDENTIFICATION CARD and shield with one (1) copy of REMOVAL/RESTORATION OF FIREARMS REPORT by messenger to Employee Management Division and obtain receipt for file in command. TO RESTORE FIREARMS TO A MEMBER WHEN REASON FOR REMOVAL NO LONGER EXISTS: MEMBER CONCERNED 14. Obtain from desk officer the three (3) copies of the appropriate REMOVAL/RESTORATION OF FIREARMS REPORT which have been retained in command. 15. Sign request statement in Part B and submit to commanding officer. COMMANDING OFFICER 16. Indicate APPROVAL or DISAPPROVAL on Part B and forward two (2) copies to the Medical Division. NOTE: If DISAPPROVED, state reason in Part B. C.O., MEDICAL DIVISION 17. Recommend approval or disapproval and forward both copies to the First Deputy Commissioner. FIRST DEPUTY COMMISSIONER 18. APPROVE or DISAPPROVE request. a. Return both copies of REMOVAL/RESTORATION OF FIREARMS REPORT indicating action taken to command of member concerned through the Medical Division. COMMANDING OFFICER 19. Return both copies of approved REMOVAL/RESTORATION OF FIREARMS REPORT to member concerned. a. Return one (1) copy of disapproved REPORT to member concerned and file second copy. MEMBER CONCERNED 20. Present one (1) approved copy of REMOVAL/RESTORATION OF FIREARMS REPORT to: a. Commanding Officer, Employee Management Division for return of shield and IDENTIFICATION CARD. b. Property Clerk's borough office for return of firearms. (Shield and IDENTIFICATION CARD must be shown). RELATED PROCEDURES Cause For Suspension/Modified Assignment (P.G. 206-07) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) Modified Assignment (P.G. 206-10) Removal Of Firearms From Intoxicated Uniformed Member Of The Service (P.G. 206-12) FORMS AND REPORTS FORCE RECORD (PD406-143) PROPERTY CLERK'S INVOICE (PD521-141) REMOVAL/RESTORATION OF FIREARMS REPORT(PD 524-152) Complaints P.G. 207-01 Complaint Reporting System Date Effective: 01-01-00 DEFINITIONS ON LINE COMPLAINT SYSTEM (OLCS) - A software program installed on Local Area Network (LAN) workstations designed to permit information from a complaint to be entered and stored on Department computers configured accordingly. This data is stored locally and centrally in the Department's mainframe databases for subsequent crime analysis, mapping and auditing purposes. COMPLAINT - An allegation of an unlawful or improper act or omission, or other condition that necessitates investigation to determine if any unlawful act or omission occurred. PICK-UP ARREST - An arrest for an offense or juvenile delinquency not previously reported. CONTINUOUS EVENT - occurs when an offense or multiple offenses were committed against a complainant, during an ongoing situation, that occurs in different precincts and/or boroughs. SCOPE Proper complaint reporting is essential for statistical analysis, discovery of crime patterns and trends, efficient deployment of resources, and uniform crime reporting. Every member of the service involved in this process has a responsibility and obligation to ensure the integrity of this vital, strategic resource. WHERE RECORDED Complaints shall be recorded in the precinct of occurrence except as follows: a. Complaints received from a member or members of the community regarding Vice, Narcotics, or Organized Crime related offenses (see P.G. 207-08, "Preliminary Investigation Of Vice Related, Narcotics, Or Organized Crime Related Complaints") shall be recorded at the Investigative Support Division, Organized Crime Control Bureau, EXCEPT: (1) pick-up arrests for such offenses will be recorded at the precinct of arrest; (2) found controlled substances or drug paraphernalia IN A BUILDING shall be recorded in the precinct of occurrence; (3) found controlled substances two (2) ounces or less (NOT IN A BUILDING), or found marijuana two (2) pounds or less, requiring investigation will be recorded in the precinct of occurrence. b. Complaints of missing New York City residents shall be recorded at the missing person's resident precinct. c. Complaints occurring on piers, bulkheads, or dead human bodies found in navigable waters will be recorded at the precincts in which such piers or bulkheads are located or bordering the navigable waters where such bodies were found. d. Complaints occurring on waterways or islands inaccessible to patrol precinct personnel will be recorded in the precincts of record after investigation by Harbor Unit personnel. e. Complaints of lost property will be recorded in the precinct where complainant first discovered loss, if actual place of occurrence is unknown. f. Overdue leased/rented vehicle will be recorded either in the precinct where the vehicle was leased/rented or at the precinct where the vehicle is expected to be returned. g. A complaint involving multiple offenses occurring from a continuous ongoing event, in which the initial offense occurred in one precinct, and one or more of the additional offenses occurred in another precinct, will be recorded in the precinct in which the initial offense was committed EXCEPT: h. For a continuous event, the complaint will be recorded in the precinct in which the initial offense was committed unless the continuous event includes a homicide or Rape 1st Degree or a Sodomy 1st Degree. (1) If the continuous event includes a homicide, the complaint will be recorded in the precinct where the homicide occurred, if known. If the location of occurrence is unknown, the homicide will be recorded in the precinct where the victim was discovered. (2) If the continuous event involves a Rape 1st Degree or a Sodomy 1st Degree, the complaint will be recorded as follows: [a] If the location of the rape/sodomy is KNOWN, the complaint will be recorded in the precinct where the rape/sodomy occurred. NOTE: If the rape/sodomy occurred in more than one precinct, the incident will be recorded in the precinct where the initial rape/sodomy occurred. [b] If the location of the rape/sodomy is UNKNOWN, but the location of the initial offense is KNOWN, e.g., abduction prior to rape, the complaint will be recorded in the precinct where the initial offense occurred. [c] If the location of the rape/sodomy is UNKNOWN, and the location(s) of all other associated offenses are UNKNOWN, the complaint will be recorded in the precinct where the complainant reports the incident. NOTE: The guidelines above will also apply in determining the appropriate jurisdiction code to be assigned to the COMPLAINT REPORT (i.e. NYPD -"00", Transit "01", Housing -"02"). HOUSING BUREAU INCIDENTS: In a continuous event that begins on-development but ends off-development, or vice versa, the jurisdictional determinant will be the location where the incident originally started. For example, a continuous event that starts on a housing development but ends off-development, will be recorded as being under the jurisdiction of the NYPD Housing Bureau. TRANSIT BUREAU INCIDENTS: Complaints under the jurisdiction of the Transit Bureau, that occur on a moving train, will be recorded as occurring at the next (very first) station where the train stops, regardless of precinct or borough boundaries. In a continuous event that begins ontransit system but ends off-transit system, or vice versa, the jurisdictional determinant will be the location where the incident originally started. For example, a continuous event that starts on a subway train but ends in the street, will be recorded as being under the jurisdiction of the NYPD Transit Bureau. COMPLAINT REPORTING SYSTEM FORMS COMPLAINT REPORT WORKSHEET (PD313-152A) - Used by reporting members to report all complaints. The "Crime Incident Data" captions on the reverse side of the form will be utilized when reporting ALL crimes and violations. COMPLAINT REPORT (PD313-152) - A report generated by the OLCS and prepared from the information recorded on the COMPLAINT REPORT WORKSHEET submitted by the reporting member. OLCS INDEX - A report generated by the OLCS which is used to chronologically record complaints received and also serves as a catalog of complaints for a particular precinct. COMPLAINT FOLLOW-UP (blue) and SECOND SHEET (PD313-081) - Used by reporting/investigating officers to report additional information as per P.G. 207-09, "Follow-Up Investigation Of Complaints Already Recorded." COMPLAINT FOLLOW-UP INFORMATIONAL (pink) and SECOND SHEET (PD313-081A) - Used by reporting/investigating officers to report additional information NOT reported on a COMPLAINT FOLLOW-UP (blue) as per P.G. 207-09, "Follow-Up Investigation Of Complaints Already Recorded." PROCEDURE Members of the service will record the following complaints on COMPLAINT REPORTS: 1. Complaints and pick-up arrests for crimes and violations except those complaints NOT RECORDED ON COMPLAINT REPORTS (see P.G. 207-02,"Complaints Not Recorded On The OnLine Complaint System"). 2. Complaints and pick-up arrests for juveniles charged as Juvenile Offenders (see P.G. 215-04, "Family Court Warrant For Child Abuse/Neglect Cases"). 3. Pick-up arrests of juveniles taken into custody and charged with juvenile delinquency (see P.G. 215-09, "Offense Committed By A Child Under 16 Years Of Age (Other Than A Juvenile Offender"). 4. Complaints of juvenile delinquency for selected offenses as follows: a. Felonies b. Unlawful Assembly - Section 240.10, Penal Law c. Unlawful Possession of Weapons by person under sixteen (16) years of age Section 265.05, Penal Law d. Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances - Section 265.10, Penal Law e. Prohibited Use of Weapons - Section 265.35, Penal Law f. Possession of Burglar's Tools - Section 140.35, Penal Law g. Jostling - Section 165.25, Penal Law h. Fraudulent Accosting - Section 165.30, Penal Law i. Criminal Possession of Stolen Property, 5th Degree - Section 165.40, Penal Law j. Escape, 3rd Degree - Section 205.05, Penal Law k. Issuing Abortional Articles - Section 125.60, Penal Law l. Endangering the Welfare of a Child - Section 260.10, Penal Law m. Obscenity and related offenses - Article 235, Penal Law n. Permitting Prostitution - Section 230.40, Penal Law o. Promoting Prostitution - Section 230.20, Penal Law p. Sex Offenses - Article 130, Penal Law q. Controlled Substances Offenses - Article 220, Penal Law. 5. Complaints of lost property. 6. Found controlled substances, marijuana, and/or drug paraphernalia under certain circumstances as per P.G. 207-08, "Preliminary Investigation Of Vice Related, Narcotics Or Organized Crime Related Complaints." 7. Pistols, revolvers, or other dangerous weapons possessed by a person or found under circumstances requiring investigation. 8. Motor vehicle/bicycle accidents in which persons are killed or seriously injured and likely to die. 9. Motor vehicle/bicycle accidents to which Highway District Units respond and conduct an investigation. 10. A deceased person for which this Department must notify the Medical Examiner (see P.G. 216-04, "Dead Human Body"). 11. ALL verified incidents of work disruptions at city construction sites. 12. Any act which would not ordinarily constitute an offense but is a violation of the conditions of an Order of Protection (see P.G. 208-36, "Family Offenses/Domestic Violence") or an incident of suspected child abuse (see P.G. 215-03, "Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children"). 13. A complaint of a missing person will be recorded on both an On Line COMPLAINT REPORT (WORKSHEET is not required) and a MISSING/UNIDENTIFIED PERSON REPORT (PD336151) using the same complaint number for both reports. ADDITIONAL DATA When multiple offenses have occurred, for crime reporting purposes, the incident will be classified based on the "top," or most serious offense under the hierarchy generally known as the "Seven (7) Major Felony Rule." The order of offenses under that rule, beginning with the most serious, is as follows: a. Murder and Non-Negligent Manslaughter b. Forcible Rape/Rape 1st c. Robbery d. Felonious Assault e. Burglary f. Grand Larceny g. Grand Larceny, Motor Vehicle (a grand larceny motor vehicle coupled with a grand larceny from the vehicle will be classified as a Grand Larceny, Motor Vehicle). The attempt to commit any of the above offenses will be counted as the completed offense, except Attempted Murder, which will be counted as a Felonious Assault. Under this Seven Major Felony Rule, a murder/robbery is classified as Murder; a rape 1st/robbery, or rape 1st/felonious assault, or rape 1st/burglary is classified as Rape 1st. Any of the seven (7) major felonies coupled with any other offense not within the seven (7) major felony category will be classified as the appropriate major felony. For example: a. Murder/kidnapping will be classified as Murder; b. Rape 1st/kidnapping will be classified as Rape 1st; c. Robbery/sodomy 1st will be classified as a Robbery; d. Robbery/kidnapping will be classified as a Robbery. If any of the reported offenses are not one of the seven (7) major felonies, the crime classification will be determined in the following order: a. Sort by CATEGORY - Felony before misdemeanor before violation; b. Sort by CLASSIFICATION - If all felonies: Select "A" before "B" before "C", etc. If all misdemeanors: Select "A" before "B" before "Unclassified"; c. Sort by DEGREE - If all offenses are "B" felonies, select "1st degree" before "2nd degree" before "3rd degree", etc. d. Sort by PENAL LAW ARTICLE AND SECTION - If all offenses are 2nd degree "B" felonies, select Article 140, before Article 150, etc. The OLCS will automatically assign a complaint number to each complaint. Proper preparation of Complaint Reporting System forms requires that when space is insufficient to complete entries, additional forms will be prepared as follows: FORM BEING PREPARED ADDITIONAL FORM TO BE USED COMPLAINT REPORT WORKSHEET COMPLAINT REPORT COMPLAINT FOLLOW-UP (blue) COMPLAINT FOLLOW-UP SECOND SHEET COMPLAINT FOLLOW-UP INFORMATIONAL (pink) COMPLAINT FOLLOW-UP INFORMATIONAL SECOND SHEET WORKSHEET The following situations are applicable to the above: a. Space is insufficient in the "Property" area of the COMPLAINT REPORT WORKSHEET or COMPLAINT FOLLOW-UP (blue). "Property" information may also be continued in the "Details" area of the COMPLAINT FOLLOW-UP (blue), providing sufficient room exists and entries are clearly distinguishable from other "Details" information. b. Space is insufficient in the "Details" area of the forms. For COMPLAINT REPORT WORKSHEETS only, when required to record additional victims, witnesses, vehicles, property, and/or perpetrators that do not fit in the captions on the worksheet, use another WORKSHEET and not the details area. DO NOT enter basic information in details section but utilize appropriate captions on form(s). Use as many worksheets as is necessary (e.g., 10 victims then use 10 forms; 10 perpetrators then use 5 forms). A SEPARATE COMPLAINT REPORT WILL BE PREPARED FOR: a. EACH homicide victim (victim is complainant) b. EACH perpetrator of a crime who is killed c. EACH person killed or injured and likely to die as a result of a motor vehicle accident d. EACH victim of a sex offense e. EACH victim of an assault EXCEPT if incidental to a sex offense or robbery f. EACH additional person injured in an arson (assault by fire/explosive) A new COMPLAINT REPORT will be prepared and a separate serial number assigned to record Criminal Possession of Stolen Property when the person arrested is NOT charged with the original crime (e.g., burglary, larceny, grand larceny - auto, etc.). In cases where more than two (2) wanted or arrested persons are being reported on a COMPLAINT FOLLOW-UP (blue) or COMPLAINT FOLLOW-UP INFORMATIONAL (pink), another such form, not a SECOND SHEET, will be used. The additional forms prepared must be securely stapled to the basic document before forwarding, and the following captions on the forms will be completed: a. Page _______ of _______ pages b. PRECINCT c. COMPLAINT NUMBER d. DATE Certain time limits are necessary to maintain the integrity of the crime reporting system. Therefore, COMPLAINT REPORTS must be reviewed and finalized within 24 hours of taking the report. Desk officers must transmit complaints by the conclusion of each tour. Commanding Officers will ensure that desk officers/counterparts are reviewing and transmitting all complaints entered into the OLCS as per these guidelines. ALL FOLLOW-UP reports are not currently processed via OLCS. Therefore, the COMPLAINT FOLLOW-UP (blue) must be forwarded to the Data Integrity Unit and COMPLAINT FOLLOW-UP INFORMATIONAL (pink) must be forwarded to the Criminal Records Section and prepared for manual electronic storage. Staples should NOT be used as they hamper the storage processing. These reports must be forwarded to the appropriate units within 24 hours of preparation. Regarding taxicab robberies or attempts, enter in caption "OFFENSES, if any," Robbery/medallion or non-medallion taxicabs, as appropriate. Make a notation under "DETAILS" whether or not taxi was equipped with a partition or had any other safety devices installed and location from where passenger was picked up. COMPLAINT REPORT WORKSHEET and appropriate copies of COMPLAINT FOLLOW-UP (blue), or COMPLAINT FOLLOW-UP INFORMATIONAL (pink), if any, must be preserved, even if the information is later transferred word for word to permanent records. Such forms/reports will be attached to the precinct file copy of the relevant COMPLAINT REPORT. When using the OLCS for any reason, the MOS utilizing the system must use his/her own authorization (password). FORMS AND COMPLAINT COMPLAINT COMPLAINT COMPLAINT REPORTS FOLLOW-UP and SECOND SHEET (PD313-081) FOLLOW-UP INFORMATIONAL and SECOND SHEET (PD313-081A) REPORT (PD313-152) REPORT WORKSHEET (PD313-152A) P.G. 207-02 Complaints Not Recorded On Complaint Report Date Effective: 01-01-00 COMPLAINT 1. Complaints of Juvenile Delinquency (Except selected offenses listed in P.G. 207-01, "Complaint Reporting System"). HOW RECORDED OR REFERRED * JUVENILE REPORT (PD377-151) see P.G. 215-08, "Juvenile Report." 2. Truancy * YOUTH REFERRAL (PD377-153) see P.G. 215-07, "Truants." 3. Persons in need of supervision (PINS) male/female less than sixteen (16) years of age. * JUVENILE REPORT (PD377-151) (see P.G. 215-08, "Juvenile Report"). 4. Persons wanted for crimes in or by other jurisdictions. * Referred to detective squads concerned for appropriate follow-up. 5. Civilian Complaints made against uniformed members of the service under the jurisdiction of the Civilian Complaint Review Board. * CIVILIAN COMPLAINT REPORT (PD313-154), CIVILIAN COMPLAINT REPORT STATISTICAL SUMMARY SHEET (PD313-154B), inform Civilian Complaint Review Board and make Command Log entry, (if no Command Log then prepare Typed Letterhead) see P.G. 207-31, "Processing Civilian Complaints." 6. Civilian Complaints made against civilian members of the service, including Traffic Enforcement Agents. * CIVILIAN COMPLAINT REPORT (PD313-154), CIVILIAN COMPLAINT REPORT STATISTICAL SUMMARY SHEET (PD313-154B), inform Internal Affairs Bureau and make Command Log entry (if no Command Log then prepare Typed Letterhead) see P.G. 207-31, "Processing Civilian Complaints." 7. Allegation of corruption and/or serious misconduct and/or misconduct involving another member of the service. * Internal Affairs Bureau, see P.G. 207-21, "Allegations Of Corruption And Serious Misconduct Against Members of The Service." 8. Allegation of corruption and/or serious misconduct and/or misconduct against self. * Call supervising officer to scene, see P.G. 207-21, "Allegations Of Corruption And Serious Misconduct Against Members Of The Service." 9. Allegation of corruption and/or serious misconduct and/or misconduct against any federal, state, or city employee other than a member of the service. * Commanding Officer (if absent, highest ranking supervisor) and Internal Affairs Bureau, see P.G. 207-22, "Allegations Of Corruption Against City Employees Other Than Members Of The New York City Police Department." 10. Unnecessary noise violations. * Referred to uniformed members of the service on patrol (see P.G. 214-23, "Unnecessary Noise Violations General Prohibition"). 11. Found Property * Command Log entry and forward REPORT OF UNCLAIMED PROPERTY (PD542-122) to Stolen Property Inquiry Section. See P.G. 218-26, "Processing Found Property." 12. Arrest by and/or for other * OLBS ARREST WORKSHEET authorities. (PD244-159) detained for authority concerned. 13. Arrest on a warrant for which a COMPLAINT REPORT was previously prepared or for which a parking or personal summons was previously issued. * OLBS ARREST WORKSHEET (PD244-159) 14. Arrest of a civil nature material witness, paternity warrant, etc. * OLBS ARREST WORKSHEET (PD244-159) 15. PICK-UP ARRESTS FOR THE FOLLOWING OFFENSES WILL BE RECORDED ON OLBS ARREST WORKSHEET (PD244-159) when there are NO ADDITIONAL CHARGES which require a complaint report: a. Summonsable regulations of the New York City Administrative and Health Codes. b. Rules and Regulations of the Parks Department. c. Section 140.05, Penal Law - Trespass (Violation). d. Section 140.10, Penal Law - Criminal Trespass, 3rd Degree (B Misdemeanor). e. Section 240.40, Penal Law - Appearance in public under the influence of narcotics or drugs other than alcohol (Violation). f. Section 240.20, Penal Law - Disorderly Conduct (Violation). g. Section 165.15, Penal Law - Theft of Services (A Misdemeanor). h. Section 230.00, Penal Law - Prostitution. i. Section 240.37, Penal Law - Loitering for the purpose of: (1) Engaging in Prostitution (Violation or B Misdemeanor if previously convicted of Sections 230.00 or 230.05, Penal Law) (2) Patronizing a Prostitute (Violation or B Misdemeanor if previously convicted of Sections 230.00 or 230.05, Penal Law) (3) Promoting Prostitution (A Misdemeanor). j. Section 240.35, Penal Law - Loitering (Violation) (EXCEPT subdivision two (2) for which a COMPLAINT REPORT will be prepared and forwarded as per instructions in P.G. 207-08, "Preliminary Investigation Of Vice Related, Narcotics Or Organized Crime Related Complaints"). NOTE: When an arrest has been made exclusively for the offenses listed in items 'a' through 'j' above, the On Line Complaint System will reject the COMPLAINT REPORT. When the above offenses involve multiple arrests stemming from the same incident, enter the letter "C" in the COMPLAINT NUMBER BOX (Line 28) of the ON LINE BOOKING SYSTEM ARREST WORKSHEET and C-1, C-2 for each subsequent arrest, e.g., C-7 would indicate eight (8) persons have been arrested. FORMS AND REPORTS CIVILIAN COMPLAINT REPORT (PD313-154) CIVILIAN COMPLAINT REPORT STATISTICAL SUMMARY SHEET (PD313-154B) JUVENILE REPORT (PD377-151) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) REPORT OF UNCLAIMED PROPERTY (PD542-122) YOUTH REFERRAL (PD377-153) RELATED PROCEDURES Allegations of Corruption and Serious Misconduct Against Members of the Service (P.G. 207-21) Allegations of Corruption Against City Employees (Other than Members of the NYPD) (P.G. 207-22) Processing Civilian Complaints (P.G. 207-30) Unnecessary Noise Violations - General Prohibitions (P.G. 214-23) Truants (P.G. 215-07) Juvenile Report (P.G. 215-08) Processing Found Property (P.G. 218-26) P.G. 207-03 Voiding Complaint Reports Date Effective: 01-01-00 PURPOSE To eliminate complaints which were improperly recorded. PROCEDURE To VOID COMPLAINT REPORT after assignment of a precinct serial number by the OLCS: DESK OFFICER 1. Determine if complaint should be voided. A complaint should be voided if: a. The complaint is a duplicate of a previously reported incident, or b. The incident occurred within the confines of another precinct, or c. The incident occurred outside the confines of New York City, or d. A COMPLAINT REPORT was prepared for a complaint which should have been recorded in another manner e.g., an allegation of corruption against an MOS; a precinct complaint number was used for a complaint which should receive an OCCB number; a precinct complaint number was used for an incident/condition which should have been recorded via P.G. 212-12, "Citywide Intelligence Reporting System", etc. 2. Determine if COMPLAINT REPORT has been finalized (i.e., signed-off) in the OLCS. IF COMPLAINT REPORT HAS NOT BEEN FINALIZED: COMMAND CLERK 3. Enter reason(s) for voiding complaint under "Details" on COMPLAINT REPORT WORKSHEET. 4. Have COMPLAINT REPORT WORKSHEET filed chronologically in rear of precinct complaint file. 5. Utilize VOID function on the OLCS menu to properly document the VOIDED complaint in the OLCS. IF COMPLAINT REPORT HAS BEEN FINALIZED: DESK OFFICER 6. Have command clerk prepare COMPLAINT FOLLOW-UP (PD313-081). COMMAND CLERK 7. Reclassify original offense to "VOIDED." 8. Enter under "Details" on COMPLAINT FOLLOW-UP: a. The specific reason for voiding the original complaint. (1) If complaint referred to another command indicate the new command and new OLCS serial number from that command. (2) If the complaint is a duplicate of a previously reported complaint, indicate the reason for voiding as "Duplicate Report" and the original complaint serial number. 9. Attach precinct of record copy of COMPLAINT FOLLOW-UP to precinct file copy of voided COMPLAINT REPORT. DESK OFFICER 10. Ensure that COMPLAINT FOLLOW-UP is distributed in same manner as voided COMPLAINT REPORT. NOTE: After a COMPLAINT REPORT has been finalized, a complaint serial number (voided or not) cannot be changed or reused in the OLCS. Any notifications made prior to voiding complaint will be amended after the COMPLAINT REPORT is voided. ADDITIONAL DATA There is a distinction between voided complaints and unfounded complaints. A voided complaint is one in which the COMPLAINT REPORT should not have been prepared. An unfounded case is one in which the report should have been prepared but subsequent information leads to the determination that the case should be classified as unfounded (e.g., a voided case is one in which a JUVENILE REPORT rather than a COMPLAINT REPORT should have been prepared; an unfounded case is one in which a vehicle is reported stolen by a complainant and later a tow company informs the precinct that the vehicle was legally towed). RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Complaints Not Recorded On Complaint Report (P.G. 207-02) Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) JUVENILE REPORT (PD377-151) P.G. 207-04 Reporting Of Complaints Occurring In Another Command Date Effective: 01-01-00 PURPOSE To refer certain complaints occurring in another command. SCOPE Complaint data entered into the OLCS from a command LAN terminal will automatically be made available via computer to a transit district covered by that precinct. Conversely, complaint data entered into the OLCS from a transit district LAN terminal will automatically be made available via computer to a precinct covered by that district. This on-line process will NOT occur if the precinct and transit district boundaries do not overlap. Therefore, when a member of the service in a precinct takes a complaint pertaining to an incident that occurred within a transit district covering that precinct, the complaint will be entered into the OLCS by that precinct's personnel and will be finalized by the transit district desk officer. Similarly, when a member of the service in a transit district takes a complaint pertaining to an incident that occurred within a precinct covering that district, the complaint will be entered into the OLCS by that district's personnel and will be finalized by the precinct desk officer. Transit desk officers will be responsible for finalizing ALL complaints under their jurisdiction (i.e., code 01). In any event, the procedure below MUST be followed for ALL complaints occurring in another command even where the automated transfer of data takes place in order to allow the precinct/district concerned to review COMPLAINT REPORT WORKSHEET (PD313-154A) prior to finalization. PROCEDURE When informed of a complaint which occurred in another command: MEMBER OF THE SERVICE 1. Thoroughly interview complainant and obtain facts. 2. Prepare COMPLAINT REPORT WORKSHEET. 3. Give COMPLAINT REPORT WORKSHEET to desk officer. DESK OFFICER (PRECINCT TAKING REPORT) 4. Ensure applicable complaint reporting guidelines have been followed (see especially P.G. 207-07, "Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints"). 5. Sign COMPLAINT REPORT WORKSHEET and give to stationhouse clerk. COMMAND CLERK (PRECINCT TAKING REPORT) 6. Telephone/Fax COMPLAINT REPORT WORKSHEET to precinct/transit district of record. NOTE: DO NOT input data into the precinct/transit district OLCS UNLESS the incident which required the preparation of the COMPLAINT REPORT WORKSHEET occurred within the boundaries of the precinct/transit district of record (see SCOPE statement). If COMPLAINT REPORT WORKSHEET is faxed (not telephoned) to precinct/transit district of record, the precinct/district of record will retain and file the faxed copy, i.e., the fax is NOT to be discarded. 7. Enter precinct and/or transit district of record and title/rank, name of member of the service receiving complaint at precinct/transit district of record under "Details" on COMPLAINT REPORT WORKSHEET. 8. Retain COMPLAINT REPORT WORKSHEET in command file. COMMAND CLERK, PRECINCT/TRANSIT DISTRICT OF RECORD 9. Record and process complaint as if received directly from complainant and comply with provisions of P.G. 207-07, "Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints"). a. If report was faxed, retain faxed copy in command file. ADDITIONAL DATA A complaint received in writing is forwarded direct to precinct/transit district of record. COMPLAINT REPORT is not prepared in the command that forwarded the report. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 207-05 Duplicate Copies Of Complaint Reports REVISION: 00 - 04 Date Effective: 09-22-00 PURPOSE To have the reporting command forward finalized duplicate copies of COMPLAINT REPORTS (PD313-152) to other commands or agencies. PROCEDURE When other commands or agencies require duplicate copies of the COMPLAINT REPORT. DESK OFFICER 1. Upon finalization in OLCS, direct the command clerk to send a duplicate copy of the COMPLAINT REPORT to the command or agency as follows: COMPLAINT DUPLICATE COPY FOR 1. Occurring on Property of Transit Authority * New York City Transit 2. Occurring on Property of Housing Authority * New York City Housing Authority 3. Pistol licensee cannot be found or fails to produce his/her pistol * License Division, Pistol License Section 4. Involving Conduct of Attorneys * Deputy CommissionerLegal Matters 5. Occurring on piers and bulkheads; boats in docks, secured at piers or bulkheads and on waterways within New York City; all incidents involving boats and jet skis (i.e., thefts of or from); evidence or contraband disposed of in the various city waterways, including lakes, ponds and rivers. * Harbor Unit 6. Involving pharmacist, drug wholesaler, manufacturer or associated person re: manufacture, sale or distribution of drugs * State Board of Pharmacy 7. Pickpocket and confidence game * Special Frauds Squad 8. Involving credit cards * Special Frauds Squad 9. Involving dealers in rifles or shotguns, licensed by the Firearms Control Board * License Division, Firearms Control Section 10. Lost/stolen Auxiliary Police Shield * Auxiliary Police Section 11. Lost, stolen rifles or shotguns, or rifles or shotguns used in commission of a crime which have been recovered * License Division, Firearms Control Section 12. Involving actual bombing or threat of * Internal Revenue Service- bombing Assistant Regional Commissioner, Alcohol, Tobacco and Firearms Division 13. Involving food stamps * U.S. Department of Agriculture 14. Occurring on Board of Education property * School Safety Division or involves personnel of Board of Education 15. Involving property theft exceeding * FBI, Major Theft Squad $5,000 and property is identifiable through * Major Case Squad serial numbers or markings (excluding autos) 16. Involving licensed tow car owner/operator * Department of Consumer Affairs 17. Involving arson or stolen/recovered explosives * Arson and Explosion Squad 18. Involving arson, attempted arson, or related criminal mischief * New York City Fire Department, Division of Fire Investigation 19. Occurring in a New York City Municipal garage or Municipal parking lot * New York City Department of Transportation, Bureau of Traffic Operations 20. Occurring on Federal facility * Federal Protective Service 21. Occurring on L.I.R.R. facility/Metro-North facility * M.T.A. Police 22. Occurring on CSX Transportation Company facility * CSX Police 23. Occurring on property under jurisdiction * Health and Hospitals of NYC Health and Hospital Corporation Corporation 24. Occurring on Port Authority facility * Port Authority Police 25. Occurring on property under jurisdiction * NYC Department of Parks of NYC Department of Parks & Recreation & Recreation 26. Robbery/attempted robbery and homicide/attempted homicide of of drivers of medallion taxicabs, non-medallion for-hire vehicles, and delivery trucks. * Special Operations Division Taxi Unit 27. Burglary, larceny or criminal mischief of public fallout shelter * Auxiliary Police Section 28. Complaints affecting Police Headquarters * Police Headquarters Area Security Unit 29. Impersonation of Police Officer * Internal Affairs Bureau (Police Impersonation Investigation Unit) 30. Lost/stolen Department property * Quartermaster Section and patrol borough, detective borough or bureau concerned 31. Department of Health employees or persons impersonating Department of Health employees * Inspector General, Department of Health 32. Involving suicide/suspicious deaths of U.S. Army/Department of Army members or their immediate family dependents * U.S. Army Criminal Investigation Division 33. Any incident involving licensed yellow * NYC Taxi and Limousine medallion taxis, for-hire vehicles Commission (liveries/limousines) or their owner/drivers 34. A complaint against a federal, state or * Internal Affairs Bureau city employee other than a member of the service, that does not involve an allegation of corruption and/or serious misconduct and/or misconduct (for example, driving while intoxicated or domestic violence) [I.O. 36s 01]35. Complaints of: (1) Rape or Attempted Rape (2) Sodomy or Attempted Sodomy (3) Sexual Abuse, 1st degree only * Borough Special Victims Squad * In Borough of Brooklyn, forward copy of child abuse complaints to Brooklyn Child Abuse Squad instead of Special Victims Squad (4) Aggravated Sexual Abuse (5) Child Abuse: victim less than eleven years of age OR any allegation of any sex crime and victim is less than thirteen years of age [I.O. 36-1 s 01] NOTE: ANY complaint involving sex related offenses, including secondary offenses that are sex related, requires a duplicate copy of the COMPLAINT REPORT (PD313-152) to be forwarded to the designated Special Victims Squad. [I. O. 53 s 04] 36. Any graffiti incident involving defacement of public or private property Citywide Vandals Task Force [I. O. 53 s 04] 37. Defacement of New York City Transit facility property or the theft of any material from New York City Transit facilities (e.g., copper cable) Citywide Vandals Task Force 38. Lost or stolen passports, alien registration cards and naturalization papers * Counter Terrorism Division, Global Intelligence & Analysis Section FORMS AND REPORTS COMPLAINT REPORT (PD313-152) P.G. 207-06 Notifications Date Effective: 01-01-00 PURPOSE To make special notifications for certain complaints. PROCEDURE Special notifications will be made upon receipt of the following complaints: DESK OFFICER 1. Notify the Operations Unit direct for: COMPLAINT OPERATIONS UNIT TO NOTIFY * Counterfeit/forged U.S. Government obligations * U.S. Treasury Department, Secret Service Bureau * Employee, Department of Health, or person impersonating such employee * Inspector General, Dept. of Health AND Command Center, IAB * Criminal impersonation of tax official, extortion/bribery involving employee, Department of Finance * Inspector General, Dept. of Finance AND Command Center, IAB * Involving property of U.S. Postal Service or postal employees performing official duty * Postal Inspector-inCharge, N.Y.C. AND Command Center, IAB * Contraband weapons * Alcohol, Tobacco and Firearms Division of Internal Revenue Service * Actual/suspected tampering, consumer products * New York State Police 2. Notify units/agencies DIRECTLY for the following: a. Child under eighteen (18) years of age: ABUSED, NEGLECTED OR MALTREATED - notify New York State Child Abuse and Maltreated Register, (800) 342-3720. b. IMPERSONATION OF A POLICE OFFICER - notify Command Center, Internal Affairs Bureau at (212) 741-8401. [I.O. 35 s 02] c. INVOLVING PRIVATE CARTING INDUSTRY, CITY OWNED WHOLESALE MARKETS, OR BOATS INVOLVED IN OFF SHORE SHIPBOARD GAMBLING EMANATING FROM NEW YORK CITY LOCATIONS - notify Business Integrity Commission, (212) 676-6219, Monday through Friday, between 1000 and 1800 hours. After hours, contact Organized Crime Investigation Division via the Organized Crime Control Bureau, Field Operations Desk at (646) 610-6610. [I.O. 35 s 02] NOTE: The Business Integrity Commission is responsible for the following City owned Wholesale Markets: - Fulton Fish Market, South Street & Fulton Street, Manhattan (001 Pct.) - Gansevoort Meat Market, 661-669 West Street, Manhattan (006 Pct.) - Hunts Point Produce Market, 37 Terminal Market, Bronx (041 Pct.) - Hunts Point Meat Cooperative, 445 Food Center Drive, Bronx (041 Pct.) - Bronx Terminal Market, 201 Bronx Terminal Market, Bronx (044 Pct.) - Brooklyn Terminal Market, 6025 Foster Avenue, Brooklyn (069 Pct.) - Brooklyn Wholesale Meat Market, 6640 First Avenue, Brooklyn (072 Pct.) Do not refer complaint to the Internal Affairs Bureau for investigation unless otherwise instructed by the Command Center supervisor. Forward a copy of COMPLAINT REPORT (PD313-152) to Command Center in a sealed envelope. PUBLIC WELFARE AND PUBLIC ASSISTANCE FRAUDS: UNIFORMED MEMBER OF THE SERVICE 3. Provide commanding officer with any information received regarding Public Welfare and Public Assistance Frauds. COMMANDING OFFICER 4. Submit a report of the details of the information received directly to the Police Commissioner to be forwarded to the Human Resources Administration Administrator/Commissioner of the Department of Social Services for investigation and appropriate action. a. Forward a duplicate copy of the report through channels. ADDITIONAL DATA Ordinarily a summary arrest will NOT be made on complaints of Public Welfare and Public Assistance Frauds unless other elements are present, i.e., safety of the officer or other persons. Allegations of corruption and/or serious misconduct involving any federal, state or city employee, other than a member of the service, will be processed in accordance with P.G. 207-02, "Complaints Not Recorded On The On-Line Complaint System." The Chief of Internal Affairs, will be responsible for notification and disbursement of information pertaining to such allegation, to the appropriate agency. Whenever a member of this Department (other than a member assigned to Internal Affairs Bureau, Detective Bureau or the Organized Crime Control Bureau) requires the assistance of the Immigration and Naturalization Service in connection with a criminal investigation, a notification will be made to the Intelligence Division twenty-four (24) hours a day, seven (7) days a week, at telephone number (212) 741-8400. Intelligence Division will process the request and the member requesting assistance will provide the Intelligence Division with all pertinent details and advise whether the request is of a routine or emergency nature. Intelligence Division will maintain a log of any such requests for assistance. Routine requests for assistance will be telephoned to the Immigration and Naturalization Service at 0800 hours each weekday morning by members assigned to the Intelligence Division. The Immigration and Naturalization Service will be requested to contact the requesting member of this Department. Emergency requests for assistance will be made by the Intelligence Division to the designated after hours Immigration and Naturalization Service supervisor or selected agent. The requesting member of the service will be notified by the Intelligence Division of the response that was provided by Immigration and Naturalization Service. Their response may include opening their file rooms on an after hours basis and/or to have an agent respond to a particular location. It will be the responsibility of the requesting member of the service to notify the Intelligence Division if Immigration and Naturalization Service fails to respond to the initial request for assistance. RELATED PROCEDURES Complaints Not Recorded On Complaint Report (P.G. 207-02) Duplicate Copies Of Complaint Reports (P.G. 207-05) On-Line Booking System Computerized Arrest Notification Printout (P.G. 208-68) Notifications - Certain Arrest Situations (P.G. 208-69) Emergency Removal or Investigation and Reporting of Abused, Neglected or Maltreated Children (P.G. 215-03) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) P.G. 207-07 Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints) Date Effective: 09-22-00 PURPOSE To investigate, record and refer complaints (other than vice, narcotics or organized crime related complaints). DEFINITION ACTIVE CASE - Investigation has not been exhausted or complaint has not been classified as closed. CLOSED CASE - A complaint which has been investigated and: a. Results have been obtained in full, or b. Results have been obtained in part and no further results can be obtained, or c. No results can be obtained, or d. Complaint referred to court for process, or e. Complaint is unfounded. UNFOUNDED CASE - One in which: a. An offense is reported and, as a result of subsequent information, it is determined that no offense occurred (this includes complaints determined to be of a civil nature only). b. A report of lost property by a complainant who later reports having misplaced the property and found it. PROCEDURE When assigned to investigate a complaint: UNIFORMED MEMBER OF THE SERVICE 1. Interview complainant and witnesses, obtain facts, and safeguard evidence. 2. Conduct thorough field investigation a. Transmit alarm, if necessary b. Where necessary, attempt to have witnesses remain and immediately record their names, addresses, telephone numbers, dates of birth, any relevant statements whether casually or formally made, and any other pertinent information. NOTE: If investigation disclosed the identity of a person, present or not, and there is insufficient evidence to make an arrest, a warrant check will be conducted through the FINEST System or Warrants Section prior to closing the case. 3. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). 4. Determine if complaint should be closed or referred for further investigation. NOTE: The main criteria for referring a complaint is the need for further investigation that cannot be conducted by the field investigator, or the need of a specialist. If doubt exists as to whether a complaint should be closed or not, or whether the service of a specialist may be required, consult with patrol supervisor or desk officer. 5. Notify and refer the case to the detective squad when further investigation is required for the following: a. Any offense and victim suffers a serious physical injury including assault. b. Robbery and firearm or dangerous instrument was used or senior citizen (sixty (60) years of age or older) is victim. NOTE: If a Robbery Apprehension Module exists, notify them in lieu of the detective squad. c. Burglary and person present or property valued over $5,000.00 ($10,000.00 in Manhattan) was taken or firearm or safe involved. d. Crime was committed with a unique/unusual modus operandi. e. Complainant was the victim of the same or similar crime within the last six (6) months. f. Perpetrator may be identified or is known. g. Similar crimes have been committed in the vicinity. h. Complainant, or offense committed, may create unusual community or police interest. i. Impersonation of a police officer or other law enforcement officer. NOTE: An impersonation of a law enforcement officer coupled with a robbery will be referred to the Internal Affairs Bureau - Police Impersonation Investigation Unit (PIIU) not the detective squad. Also, a notification to Internal Affairs must be made for any police impersonation, see P.G. 207-14, "Robbery Complaints Involving Police Impersonation." The Special Victims Squad concerned will investigate robberies committed by police impersonators, which include sexual assault, and the Police Impersonation Investigation Unit will assist in the investigation. j. Other complaints as deemed necessary by competent authority. 6. Notify the innocent victim of a crime or surviving relative, if such victim has sustained a personal injury, that compensation may be available as per the Crime Victim's Compensation Law. a. Provide victim or relative with "Information Card and Brochure/Application." b. Check box under victim information on COMPLAINT REPORT WORKSHEET that victim or relative was notified. NOTE: If circumstances prevent a personal notification, the detective conducting the follow-up investigation will comply with above directions and make notation of such fact on COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A). 7. Promptly refer active cases directly from the scene, or through the desk officer, to the units below: NOTE: UNIFORMED MEMBERS ARE CAUTIONED NOT TO DISTURB POSSIBLE EVIDENCE AT A CRIME SCENE. SEE P.G. 212-04, "Crime Scene." a. SPECIAL VICTIMS SQUAD (1) Rape or Attempted Rape, all degrees (2) Sodomy or Attempted Sodomy, all degrees (3) Sexual Abuse, 1st degree only (4) Aggravated Sexual Abuse, all degrees NOTE: A written notice will be provided to victims of sex offenses with the name, address and telephone numbers of the nearest Rape Crisis Center (see "ADDITIONAL DATA" for locations). This referral will be documented on COMPLAINT REPORT WORKSHEET under "Details" section. [I.O. 36 s 01] (5) Any allegation that a child less than eleven (11) years of age is the victim of abuse inflicted by a parent or person legally responsible for the child's care (see P.G. 215-03, "Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children). [I.O. 36 s 01] (6) Any allegation that a child less than thirteen (13) years of age is the victim of any sex crime or attempted sex crime committed by any person (see P.G. 215-03, "Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children"). [I.O. 36-1 s 01] NOTE: ANY complaint involving sex related offenses, including secondary offenses that are sex related, requires a duplicate of the COMPLAINT REPORT (PD313-152) to be forwarded to the designated Special Victims Squad. NOTE: In the Borough of Brooklyn only, the Child Abuse Squad (718-260-6090) will be notified instead of the Special Victims Squad for cases that fit the criteria for child abuse in step 5 above.In all cases enter name of detective notified and the log or case number assigned under "Details" on COMPLAINT REPORT WORKSHEET. b. MAJOR CASE SQUAD (1) Burglary or attempt of a bank or bank safe (2) Larceny by extortion or attempt, from a bank (3) Robbery or attempt of a bank and perpetrator not armed (simulated gun, threatening note, etc.) (4) Burglary of a truck contents over $100,000.00 (5) Larceny of a truck contents over $100,000.00 (6) Robbery of truck and contents by hijacking (7) All robberies in warehouse depots or similar locations where the object of the crime is a truck or its contents (8) All commercial burglaries in which the value of property stolen exceeds $100,000.00. (9) Art theft c. NEW YORK CITY JOINT ROBBERY TASK FORCE (1) All armed bank robberies d. HIGHWAY DISTRICT (1) All vehicle/bicycle accidents in which any person involved has a serious physical injury and is likely to die or has died. 8. Notify desk officer upon completion of investigation and deliver COMPLAINT REPORT WORKSHEET and COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY (PD313-159) (see P.G. 207-12, "Lost Or Stolen Property"), if prepared, as soon as possible. a. IMMEDIATELY notify the patrol supervisor or the desk officer of any serious or unusual complaints. 9. Make entry in ACTIVITY LOG (PD112-145) of details of complaint. DESK OFFICER 10. Carefully examine COMPLAINT REPORT WORKSHEET for accuracy and completeness. 11. The following list, while not exclusive, should be closely scrutinized when examining COMPLAINT REPORT WORKSHEET: a. Verify that required notifications and proper referral of active cases have been made. [Rev 00-4] NOTE: Complaints of robbery/attempted robbery and homicide/attempted homicide of drivers of medallion taxicabs, non-medallion for-hire vehicles, and delivery trucks require a notification to the Special Operations Division (SOD) Taxi Unit. Desk officers will fax the COMPLAINT REPORT (PD313-152) 24 hours a day, 7 days a week, to the SOD Taxi Unit, at (212) 860-1674. A member from the SOD Taxi Unit will then make a follow-up notification, Monday - Friday, 0600-1700 hours, to the desk officer of the reporting command and assign an SOD Taxi Unit serial number to the complaint. This serial number and the name of the SOD Taxi Unit member will be entered under "Details" of the COMPLAINT REPORT. When preparing the COMPLAINT REPORT WORKSHEET, reporting members will include home and work telephone numbers of the victim. Also include the vehicle's status (i.e. medallion taxi or non-medallion, forhire vehicle), the presence or lack of a partition between the driver and passenger compartments, the location where the perpetrator was picked up and, if possible, the route traveled. b. Ensure proper jurisdiction code is indicated. c. The offense is classified properly. NOTE: When multiple offenses have occurred, the incident will be classified based upon the "top" (most serious) offense. Generally, the "seven (7) major rule" is applied for serious felonies. This means that a murder/robbery will be classified as Murder; a Forcible Rape/Burglary will be classified as Forcible Rape; etc. based on the hierarchy below. The "seven (7) major rule" order of offenses, starting with the most serious, is as follows: (1) Murder and Non-Negligent Manslaughter (2) Forcible Rape (Rape 1st degree only) (3) Robbery (4) Felonious Assault (5) Burglary (6) Grand Larceny (7) Grand Larceny Motor Vehicle (A grand larceny motor vehicle coupled with a grand larceny from the vehicle will be classified as a grand larceny motor vehicle). (The attempt to commit any of the above will be counted as the completed offense, EXCEPT attempted murder which will be counted as felonious assault). If the reported offenses are not within the "seven (7) major offenses," the incident crime classification will be determined in the order that follows: (1)Sort by category: Felony before misdemeanor before violation. Therefore, an incident involving a felony criminal mischief to a motor vehicle with a petit larceny (misdemeanor) theft of property from within the vehicle will be classified as a Felony Criminal Mischief. (2) Sort by classification: If all offenses are felonies: "A" felony before a "B" felony before a "C" felony, etc. If all offenses are misdemeanors: "A misdemeanor before a B" misdemeanor before an "Unclassified" misdemeanor (3) Sort by degree For example, if all offenses are "B" felonies: "1st degree" before "2nd degree" before "3rd degree" (4) Sort by Article and Section Number For example, if all offenses are 2nd degree, "B" felonies, in the Penal Law, select 120.25, before 125.25, before 165.25. 12. Sign COMPLAINT REPORT WORKSHEET and have command clerk enter complaint into the OLCS. The OLCS will automatically assign next complaint number. COMMAND CLERK 13. Enter information into OLCS from COMPLAINT REPORT WORKSHEET. DESK OFFICER 14. Carefully examine the completed COMPLAINT REPORT and make certain that necessary captions have been completed. Take corrective action as necessary. 15. Finalize (i.e., sign-off) the COMPLAINT REPORT utilizing the OLCS if REPORT is accurate and complete. COMMAND CLERK 16. Distribute copies of COMPLAINT REPORT. a. Attach green, Evidence Release/Investigation copy of PROPERTY CLERK'S INVOICE (PD521-141), if prepared, to copy of COMPLAINT REPORT forwarded for investigation. b. In cases closed by the reporting member, a copy of the COMPLAINT REPORT will be forwarded to the detective squad. c. Additional copies of COMPLAINT REPORT will be forwarded pursuant to P.G. 207-05, "Duplicated Copies Of Complaint Reports" and any other relevant orders or directives. DESK OFFICER 17. Ensure that copies of COMPLAINT REPORT are properly distributed by command clerk. 18. Ensure that all members of the service are complying with current complaint reporting procedures. a. Instruct members of the service (especially those with recurrent or serious mistakes) in proper procedures for preparing WORKSHEETS and COMPLAINT REPORTS. (1) Monitor and follow-up as necessary (2) Advise Training Sergeant of deficiencies. COMMANDING OFFICER 19. Review COMPLAINT REPORTS, especially those cases closed by members of the service assigned to patrol, and have corrections made, if necessary. ADDITIONAL DATA The Operations Unit maintains a list of members proficient in foreign language and sign language for the deaf. Should such assistance be needed, telephone the Operations Unit and make entry under "Details" of COMPLAINT REPORT WORKSHEET. Include interpreter's name, date, time and results. If during the course of an official investigation information is required from the Parking Violations Bureau, the uniformed member of the service concerned will prepare two (2) copies of OFFICIAL LETTERHEAD (PD158-151) addressed to the Commanding Officer, Investigation Review Section, requesting the information required. The commanding officer of the requesting member will endorse and forward both copies of the request to the Investigation Review Section, Office of the Chief of Department, in a sealed envelope marked "CONFIDENTIAL." Investigation Review Section personnel will send a copy of the request to the Parking Violations Bureau and file the other copy. When a reply is received, it will be forwarded to the requesting member in a sealed envelope. The file copy of the request will be removed from the file and destroyed. In an extreme emergency, the Commanding Officer, Investigation Review Section may establish personal liaison with the Parking Violations Bureau to expedite an investigation. When appropriate, after consultation with the patrol borough commander, the detective borough commander may take charge of an investigation not ordinarily referred to a Detective Bureau command. An automated teller machine (ATM) related crime may be defined as, but is not limited to, criminal activity against a bank patron who is about to use, is currently using, or has just completed using an automated teller machine for any type of transaction, and is in the vicinity of the machine or has been followed from the automated teller machine to another location. Members of the service preparing COMPLAINT REPORTS for automated teller machine (ATM) related crimes will specify that the crime is automated teller machine (ATM) related by entering such in the caption titled, "Actions of Victim Prior to Robbery, Larceny, or Sex Crimes." In addition, supporting information will be articulated under the "Details" section of the COMPLAINT REPORT. [I.O. 38 s 03] The Central Records Division, identification Section has an intranet application that provides immediate access to Orders of Protection issued by ALL New York City based courts, permitting users to search the Department's Order of Protection Database and display or print a copy of the actual court order. This includes not only Orders of Protections involving persons defined under the family/household - expanded definition, but also all individuals who are either the defendant or petitioner of an Order of Protection from any New York City based court. This new database is designed to verify that an Order of Protection was issued and to provide a copy of the actual order directly at the command level. This application will also provide access to expired Orders of Protection. Questions or assistance needs should be directed to the Identification Section's Orders of Protection Unit at (646) 610-5195 or the Management Information Systems Division, Help Desk at (646) 6106473. RAPE CRISIS CENTERS MANHATTAN NYC Gay & Lesbian Anti-Violence Project 647 Hudson Street New York, NY 10014 (212) 807-0197 (212) 807-6761 Rape Crisis Intervention Program Mt. Sinai Medical Center - Dept. OB/GYN Klingenstein Pavilion 2nd Floor One Gustave - Levy Place New York, NY 10029 (212) 241-5461 Rape Crisis Program St. Vincent's Hospital & Medical Center 41-51 East 11th Street New York, NY 10011 (212) 604-8068 Bellevue Hospital Center, Rape Crisis Program Room AG-67 27th Street and First Avenue New York, NY 10016 (212) 562-3435 or 3755 Rape Intervention Program St. Luke's Roosevelt Hospital 411 West 114th Street, Apt. 6D New York, NY 10025 (212) 523-4728 BRONX Bronx District Attorney's Office 215 E. 161st Street Bronx, NY 10451 (718) 590-2114 Kingsbridge Heights Community Center 3101 Kingsbridge Terrace Bronx, NY 10463 (718) 884-0700 BROOKLYN Rape Crisis Intervention Program The Long Island College Hospital 340 Henry Street - 6th FloorBrooklyn, NY 11201 (718) 780-1459 VSA-BRAVA Family Alliance-Victim Services 3021 Atlantic AvenueBrooklyn, NY 11208 (212) 577-7777 (718) 783-3700 Jewish Board of Family & Children Services 1943 Rockaway ParkwayBrooklyn, NY 11236 (718) 241-9600 QUEENS Rape Crisis Program Rockaway Jamaica Center 90-11 160th Street, 1st Floor Jamaica, NY 11432 (212) 577-7777 (718) 291-2555 Rape Crisis Program Queens Hospital Center 82-68 164th Street Jamaica, NY 11432 (718) 883-3000 or 3195 STATEN ISLAND VSA Staten Island 25 Hyatt Street Staten Island, NY 10301 (212) 577-7777 (718) 448-3118 RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Preliminary Investigation Of Vice Related, Narcotics and Organized Crime Related Complaints (P.G. 207-08) Duplicate Copies Of Complaint Reports (P.G. 207-05) Lost Or Stolen Property (P.G. 207-12) Robbery Complaints Involving Police Impersonation (P.G. 207-14) Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children (P.G. 215-03) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY (PD313-159) OFFICIAL LETTERHEAD (PD158-151) PROPERTY CLERK'S INVOICE (PD521-141) P.G. 207-08 Preliminary Investigation Of Vice, Narcotics Or Organized Crime-related Complaints Date Effective: 01-01-00 PURPOSE To record and refer complaints of vice, narcotics and organized crime-related offenses. DEFINITION [REV 3-01] VICE OFFENSES - Violations of law related to gambling, prostitution, alcoholic beverages, cigarette tax and child pornography. NARCOTIC OFFENSES - Violations of law related to the sale and possession of controlled substances and marijuana as defined in Articles 220 and 221 of the Penal Law, and any case of found controlled substances in which the amount exceeds two (2) ounces, or found marijuana in which the amount exceeds two (2) pounds. ORGANIZED CRIME-RELATED OFFENSES - Violations of law related to organized crime, including the organized theft of motor vehicles, motor vehicle parts, and motor vehicle insurance frauds. NOTE: Grand Larceny Auto WILL NOT BE REFERRED to the Investigative Support Division, Organized Crime Control Bureau, UNLESS preliminary investigation indicates elements of organized crime are involved. PUBLIC PREMISES - Any building, or portion thereof, to which the public or a substantial group of persons has access and in which vice, narcotics or organized crime-related offenses are suspected of occurring. PROCEDURE When assigned to investigate vice, narcotics or organized crime-related offenses: UNIFORMED MEMBER OF THE SERVICE 1. Make preliminary investigation and take summary action if offense committed in presence. 2. Request patrol supervisor to respond. a. If patrol supervisor is not available, contact desk officer and comply with instructions. 3. DO NOT ENTER PUBLIC PREMISES to conduct an investigation of an on-going complaint unless authorized by the patrol supervisor, desk officer, or other competent authority. PATROL SUPERVISOR/DESK OFFICER 4. Determine action to be taken regarding ongoing complaints, in public premises, by taking into consideration: a. History of premises b. Seriousness of complaint c. Facts alleged in complaint d. If assignment of uniformed personnel would be effective e. If assignment of uniformed personnel would interfere with a covert operation. UNIFORMED MEMBER OF THE SERVICE 5. Report disposition to radio dispatcher. 6. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) and deliver to desk officer. NOTE: If an investigation discloses the identity of a person, present or not, and there is insufficient evidence to make an arrest, a warrant check will be conducted through FINEST System or the Warrants Section prior to closing the case or forwarding report to Investigative Support Division, Organized Crime Control Bureau. DESK OFFICER 7. Direct command clerk to telephone details to the Investigative Support Division, Organized Crime Control Bureau. a. Enter Organized Crime Control Bureau serial number on COMPLAINT REPORT WORKSHEET and name, shield number of member receiving the report under "Details." NOTE: If complaint is received in writing, forward original written communication to Investigative Support Division, Organized Crime Control Bureau, and attach photocopy of written communication to file copy of COMPLAINT REPORT WORKSHEET. 8. Forward COMPLAINT REPORT WORKSHEET to commanding officer. NOTE: Any arrest made by uniformed personnel regarding vice, narcotics or organized crime-related offenses (except those offenses listed in P.G. 207- 02,"Complaints Not Recorded On Complaint Report" step 15, will be considered a pick- up arrest and an OLCS precinct complaint serial number will be assigned. Therefore, the complaint will be recorded on the precinct of arrest OLCS INDEX. Additionally, incidents of found controlled substances or drug paraphernalia, in any amount, when found in a building will be entered on the precinct of occurrence OLCS INDEX and an OLCS precinct complaint number assigned. Additional copies of the COMPLAINT REPORT will be sent as follows: a. In arrest situations, a copy of the COMPLAINT REPORT will be forwarded to the Investigative Support Division, Organized Crime Control Bureau, or b. In instances where controlled substance/drug paraphernalia is found in a building, a copy of the COMPLAINT REPORT will be forwarded to the concerned Narcotics District, Organized Crime Control Bureau, or Narcotics Operations, Strategic and Tactical Command, Brooklyn North (S.A.T. COM.), for informational purposes. COMMANDING OFFICER 9. Examine and evaluate COMPLAINT REPORT WORKSHEET containing details telephoned to Investigative Support Division, Organized Crime Control Bureau. 10. Have COMPLAINT REPORT WORKSHEET filed chronologically in rear of complaint file chronologically behind divider marked "Complaints Referred to Organized Crime Control Bureau." ADDITIONAL DATA When a complaint is received at a Department unit other than a precinct/transit district/police service area, the member receiving the complaint will: a. Telephone the details to the Investigative Support Division, Organized Crime Control Bureau. b. Enter the Organized Crime Control Bureau serial number with the name and shield number of the member receiving the report in the Telephone Record. A COMPLAINT REPORT containing multiple offenses will be classified according to the most serious offense and referred to the unit charged with investigating such offenses. However, if a secondary offense is related to vice, narcotics or organized crime, an additional copy of the COMPLAINT REPORT will be sent to the Organized Crime Control Bureau. If the investigating officer prepares a COMPLAINT FOLLOW-UP (PD313081), a copy of such report will also be forwarded to Organized Crime Control Bureau. The Commanding Officer, Investigative Support Division, Organized Crime Control Bureau, may classify the following complaints received at the Organized Crime Control Bureau as street conditions, and may refer them via the Chief of Department, to the command concerned for necessary attention: a. Loitering for prostitution b. Loitering for narcotics c. Dice game on street d. Sale of intoxicants to minors e. Sale of intoxicants to intoxicated persons f. Alcohol Beverage Control sale during prohibited hours g. Unnecessary noise in licensed premises h. Disputes in licensed premises i. Unlicensed cabaret. SAFETY GUIDELINES AT ILLICIT DRUG LABORATORIES When a uniformed member of the service has cause to investigate a suspected drug laboratory, an immediate notification will be made to the desk officer, precinct of occurrence. The desk officer will notify the Police Laboratory without delay, requesting a chemist be dispatched to the scene immediately. Certain substances in a laboratory are highly volatile, therefore, ALL members of the service will follow these safety guidelines: a. Ventilate the laboratory by opening doors and windows. b. DO NOT turn on lights or use flashlights until the area is well ventilated. If necessary to enter prior to the room being ventilated, a flashlight should be turned on BEFORE entering the area. c. DO NOT smoke at the scene. d. Use your nose. If vapors are very strong or there is any odor of bitter almonds, remain outside and await arrival of the laboratory chemist. e. DO NOT use Department radios while inside the laboratory. f. DO NOT disturb flasks or containers that are being heated or cooled. Direct the attention of the chemist to such items. g. DO NOT allow acid and cyanide to be mixed or come together. mixture can cause death. The fumes from this When a search warrant has been obtained for a suspected drug laboratory, the Police Laboratory will be notified and the chemist will accompany the unit executing the warrant. THREE CARD MONTE GAMES Precinct/Transit Bureau/Police Service Area commanders, when conditions warrant, will designate members of their commands assigned to duty in civilian clothes, i.e., conditions, plainclothes, and/or anti-crime units, to respond to complaints of "three card monte" games. The Commanding Officer, Communications Section, will direct that all complaints of "three card monte" games received at 911 be referred by the 911 Operator, directly to the telephone switchboard operator, precinct/transit district/police service area of occurrence. The telephone switchboard operator will enter the information in the TELEPHONE DISPATCH LOG (PD112-143) and notify appropriate personnel at precinct/transit district/police service area concerned. In those instances in which no civilian clothed members are on duty AND/OR when some condition exists in conjunction with the "three card monte" game which requires immediate police response, i.e., assault in progress, etc., a marked radio motor patrol unit may be dispatched to the scene by the 911 Operator or the telephone switchboard operator, as appropriate. [REV 3-01] CHILD PORNOGRAPHY A complaint involving child pornography (photos, movies, computer images, etc.) will be referred to the Vice Enforcement Division's Sexual Exploitation of Children Squad for investigation. The Vice Enforcement Division will also investigate complaints involving other forms of sexual exploitation of children, including minors employed by peep shows, topless clubs, lap dancing clubs or escort services. Additionally, a telephone notification will be made to the Vice Enforcement Division when child pornography is found or an arrest is made for any violation of Penal Law Article 263. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Complaints Not Recorded On Complaint Report (P.G. 207-02) Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotic Complaints) (P.G. 207-07) Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND COMPLAINT COMPLAINT COMPLAINT TELEPHONE REPORTS FOLLOW-UP (PD313-081) REPORT (PD313-152) REPORT WORKSHEET (PD313-152A) DISPATCH LOG (PD112-143) P.G. 207-09 Follow-up Investigation Of Complaints Already Recorded Date Effective: 01-01-00 PURPOSE To report additional information concerning a previously recorded complaint. PURPOSE To report additional information concerning a previously recorded complaint. PROCEDURE Upon receiving additional information concerning a reported complaint after the COMPLAINT REPORT (PD313-152) has been FINALIZED in the OLCS: MEMBER OF THE SERVICE 1. Prepare COMPLAINT FOLLOW-UP (blue) (PD313-081) ONLY when additional information falls into any of the following categories: a. Crime classification change, e.g., assault to homicide. b. Information which will amend the previously recorded P.D. code (crime subclassification), e.g., time of day for a burglary. c. Case clearance, i.e., initial arrest only, exceptional clearances, unfounded. d. Voiding a complaint after finalization in the OLCS. e. Recovered property not previously reported. f. Additional stolen property not previously reported. g. Serial numbers obtained for property previously reported. h. Dead human is identified and property has been invoiced to the Property Clerk or Public Administrator. i. Case closed without arrest and property has been invoiced to the Property Clerk. NOTE: There is a distinction between voided complaints and unfounded complaints. A voided complaint is one in which the COMPLAINT REPORT should not have been prepared. An unfounded case is one in which the report should have been prepared but subsequent information leads to the determination that the case should be classified as unfounded (e.g., a voided case is one in which a JUVENILE REPORT rather than a COMPLAINT REPORT should have been prepared; an unfounded case is one in which a vehicle is reported stolen by a complainant and later a tow company informs the precinct that the vehicle was legally towed). As with COMPLAINT REPORTS, proper recording of property values on a COMPLAINT FOLLOW-UP (blue) is essential for accurate entry into the FBI Uniform Crime Reporting (UCR) System. Values must be properly consolidated in the "Value Stolen" and "Value Recovered" columns of the Property Summary Section. In addition, the person preparing the report must examine previous reports related to the complaint (i.e., COMPLAINT REPORT, previously prepared COMPLAINT REPORT FOLLOW-UPS) to ensure that property values are not being reported more than once. Only additional information with respect to property values are to be recorded. Arrests or other information concerning a complaint received BEFORE the original COMPLAINT REPORT is finalized will be entered on the original COMPLAINT REPORT. MEMBER OF THE SERVICE 2. Prepare COMPLAINT FOLLOW-UP INFORMATIONAL (pink) (PD313-081A) for information of any other type, e.g., case closed - no results, case progress reports, results of interviews, canvass, additional arrest on a complaint, etc. 3. Notify detective squad concerned, if necessary. 4. Submit COMPLAINT FOLLOW-UP (blue) and/or COMPLAINT FOLLOW-UP INFORMATIONAL (pink) to the desk officer or detective supervisor, as appropriate. NOTE: Second sheets will be used when space is insufficient for required entries on COMPLAINT FOLLOW-UP or COMPLAINT FOLLOW-UP INFORMATIONAL (see P.G. 207-01, "Complaint Reporting System"). DESK OFFICER/DETECTIVE SUPERVISOR 5. Review for accuracy and sign. 6. Have member of the service forward COMPLAINT FOLLOW-UP (blue) and COMPLAINT FOLLOWUP INFORMATIONAL (pink) as follows: a. The original "ACCS" copy of all COMPLAINT FOLLOW-UPS (blue) will be forwarded direct to the Data Integrity Unit located at 1 Police Plaza, Room S-132. b. The original "Criminal Records Section" copy of all COMPLAINT FOLLOW-UP INFORMATIONALS (pink) will be forwarded direct to the Criminal Records Section located at 1 Police Plaza, Room 300. ADDITIONAL DATA These reports must be forwarded to the appropriate units within 24 hours of preparation. Desk officers will ensure that the following areas of these reports are appropriately completed: * "Jurisdiction" and "Reporting Agency" codes are properly recorded * "Complaint Report Number," "Precinct of Report" and "Date of Original Report" are properly recorded * "Previous Classification" and "Classification Changed To" captions are properly completed (for COMPLAINT FOLLOW-UP REPORTS only) * "Precinct of Arrest" and "Arrest Numbers" captions on a COMPLAINT FOLLOW-UP REPORT are completed if an arrest clearance is requested OR indicated in the "Details" section of a COMPLAINT FOLLOW-UP INFORMATIONAL in cases where an additional arrest(s) is made * Property Section is fully completed in lost or stolen property cases. Ensure property values are itemized and consolidated in the "Value Stolen' and the "Value Recovered" columns, as appropriate, in the Property Summary Section (for COMPLAINT FOLLOW-UP REPORTS only) * Ensure that the "Details" supplied on the report provides adequate grounds to change the original offense listed in the "Previous Classification" caption (for COMPLAINT FOLLOW-UP REPORTS offense reclassification requests). [REV 3-01] The following agencies or commands are required to receive a duplicate copy of a COMPLAINT FOLLOW-UP when reporting additional or recovered property, classification changes, and clearances, when these changes are initiated by this Department. The member of the service preparing the form will enter the name of the agency or command receiving the duplicate copy under "Additional copy for" and also send the duplicate copy of the report as follows: COMPLAINT FOLLOW-UP FOR CASES OCCURRING ON THE JURISDICTION OF: DUPLICATE COPY FOR: * Port Authority Police Department * Tri-Borough Bridge and Tunnel Police Department * M.T.A. Police Department * Amtrak Police Department * CSX Police Department * Staten Island Rapid Transit Police Department * New York State Police Department * New York State Park Police Department * N.Y.C. Housing Authority * N.Y.C. Transit * ANY police agency operating within * New York City for arson and arson * related incidents *Port Authority Police *TBTA Police *M.T.A. Police *Amtrak Police *CSX Police *S.I. Rapid Transit Police *New York State Police *New York State Park Police *Housing Bureau, NYPD *Transit Bureau, NYPD *Arson and Explosion Squad and NYC Fire Department, Division of Fire Investigation COMPLAINT FOLLOW-UP FOR THE FOLLOWING CASES WHEN PROPERTY HAS BEEN INVOICED TO THE PROPERTY CLERK: Identification of previously unidentified dead body Investigation case closed - arrest and no arrest DUPLICATE COPY FOR: Property Clerk, borough office concerned Public Administrator, county of residence Property Clerk, borough office concerned. In cases where information used to prepare a COMPLAINT FOLLOW-UP is based on a COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY (PD313-159), the desk officer will ensure that the listing of stolen property and reported values on the COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY is recorded in the property section of the COMPLAINT FOLLOW-UP. MEMBERS OF THE SERVICE WILL NOT, UNDER ANY CIRCUMSTANCES, SIMPLY ATTACH COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY (or a copy of it) to COMPLAINT FOLLOWUP and forward to the Data Integrity Unit. The COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY must be attached to the command's file copy of the COMPLAINT FOLLOW-UP. Each precinct will maintain a Complaint Reclassification Log to ensure proper and timely documentation of COMPLAINT FOLLOW-UPS involving a change of crime classification. Each such reclassification will be entered in the log by the command crime analysis member and verified by a supervisor authorizing the change. COMPLAINT FOLLOW-UPS of this type prepared by Housing, Transit and investigative commands (eg. precinct detective squads) will also be entered and verified in the same manner. Each Complaint Reclassification Log will contain the following captions spread across a double page: LEFT HAND PAGE NUMBER DATE COMPLAINT REPORT# PREVIOUS CLASSIFICATION RECLASSIFICATION TO REASON RIGHT HAND PAGE MOS PREPARING ORIGINAL COMPLAINT REPORT PDS SUPV'S INITIALS SUPV. SIGNING ORIGINAL COMPLAINT REPORT C.O.'S INITIALS SUPV. AUTHORIZING RECLASSIFICATION REMARKS FORMS AND REPORTS COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY (PD313-159) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) COMPLAINT REPORT (PD313-152) ICO INITIALS P.G. 207-10 Bias Motivated Incidents Date Effective: 10-29-04 PURPOSE To ensure a coordinated police response and a thorough investigation and analysis of all bias motivated incidents. DEFINITIONS BIAS INCIDENT - Any offense or unlawful act that is motivated in whole or in substantial part by a person's, a group's, or a place's identification with a particular race, religion, ethnicity, gender, age, disability, or sexual orientation (including gay, lesbian, bi-sexual and transgender) as determined by the Commanding Officer, Hate Crime Task Force. DISABILITY - The possession or perceived possession by a person of any of the following: a physical, medical, mental or psychological impairment or a history or record of such impairment. This includes the sustaining by a person of any injury or damage to any system of the body including muscular, sensory, respiratory, speech, heart, reproductive, digestive, blood, immunity (i.e., AIDS) and skin. Also included among those who have a disability are recovering alcoholics, and former abusers of drugs or other substances who currently are not abusing alcohol, drugs, or other substances. COMMANDING OFFICER - For the purpose of this procedure will be the precinct, police service area or transit district commanding officer within whose jurisdiction the incident occurs. PROCEDURE When a uniformed member of the service is dispatched to the scene of an incident which may be a bias incident: UNIFORMED MEMBER OF THE SERVICE 1. Evaluate condition and take police action appropriate for stabilization of the area, if necessary. 2. Determine if possibility exists that offense or unlawful act is motivated by bias or prejudice as contained in the definition of a "Bias Incident." 3. Request patrol supervisor to respond if bias incident is suspected. PATROL SUPERVISOR 4. Determine if additional personnel are required to stabilize the situation. 5. Notify desk officer of incident. 6. Request commanding officer/duty captain to respond if occurrence is a possible bias incident. 7. Direct that a COMPLAINT REPORT WORKSHEET (PD313-152A) be prepared. COMMANDING OFFICER/DUTY CAPTAIN 8. Determine if occurrence is a possible bias incident that should be referred to the Hate Crime Task Force for further investigation. NOTE: When considering incidents involving public officials, confer with the Intelligence Division at (646) 805-6400 prior to classifying the occurrence as a possible bias incident. IF THE OCCURRENCE IS REFERRED TO HATE CRIME TASK FORCE AS A POSSIBLE BIAS INCIDENT: COMMANDING OFFICER/DUTY CAPTAIN 9. Request additional resources, if required, to stabilize the location or defuse the incident (community affairs, anti-crime, crime prevention officers, additional command personnel, training unit, borough task force, if available, or others, as appropriate). 10. Request detective squad personnel to respond. 11. Notify Operations Unit and obtain possible bias incident log number. 12. Prepare Unusual Occurrence Report AFTER CONFERRAL WITH PRECINCT DETECTIVE COMMANDER. a. Subject of Report will be "POSSIBLE BIAS INCIDENT-LOG NO. ___." 13. Forward UNUSUAL OCCURRENCE REPORT (PD370- 152) to Chief of Detectives, Hate Crime Task Force (direct) and forward additional copy through channels. 14. Forward duplicate copy of report to: a. Deputy Commissioner - Community Affairs, and b. Precinct commanding officer c. Police Service Area/Transit District commanding officer, as applicable. 15. Direct crime prevention officer, where appropriate, to personally contact and advise complainant concerning actions to take to prevent recurrence. NOTE: Operations Unit personnel will notify patrol borough command; Patrol Services Bureau duty chief; Housing Bureau or Transit Bureau, as applicable; detective borough commander; Intelligence Division; Commanding Officer, Hate Crime Task Force; Police Commissioner; and Deputy Commissioner - Community Affairs (during business hours). DETECTIVE SQUAD MEMBER 16. Conduct an immediate investigation and confer with Hate Crime Task Force personnel. 17. Forward additional copy of COMPLAINT REPORT (PD313-152) and COMPLAINT FOLLOW-UP (PD313-081) to Commanding Officer, Hate Crime Task Force (direct) within ten (10) days after incident. NOTE: The detective squad member is responsible for conducting the investigation, unless relieved by Hate Crime Task Force personnel. The Hate Crime Task Force is responsible for the determination as to whether the occurrence is, or is not, biased. In addition, the Commanding Officer, Hate Crime Task Force, may retain sufficient Detective Bureau personnel to conduct a comprehensive preliminary investigation and canvass of the area. COMMANDING OFFICER/HATE CRIME TASK FORCE 18. Evaluate situation and make determination after conferral with Chief of Detectives to: a. Assume complete control of investigation, OR b. Participate jointly with precinct detective squad personnel, OR c. Have precinct detective personnel assume full responsibility for the investigation. COMMANDING OFFICER 19. Visit and personally interview victims of possible bias incident. 20. Prepare and forward comprehensive follow- up report within ten (10) days of incident including post-incident actions of all Departmental units and the current status of investigation to Chief of Detectives, Hate Crime Task Force, through channels. CRIME PREVENTION OFFICER 21. Prepare and forward a report within ten (10) days of the incident to Commanding Officer, Hate Crime Task Force, indicating action taken concerning incident and whether a security survey was conducted. NOTE: The community policing sergeant will prepare and forward the above report in those commands where a crime prevention officer is not assigned. COMMANDING OFFICER/HATE CRIME TASK FORCE 22. Visit and personally interview victims of confirmed bias incidents upon completion of investigation. a. In appropriate cases, a Hate Crime Task Force supervisor may be designated to interview victims. 23. Make determination of whether an occurrence is a bias incident or a non-bias incident based upon all factors obtained during investigation, after conferral with the Chief of Detectives. 24. Prepare report indicating determination. 25. Forward copies of report to: a. Chief of Patrol b. Chief of Detectives c. Chief of Housing Bureau/C.O., Transit Bureau, if appropriate d. Patrol Borough concerned e. Housing/Transit Borough, as applicable f. Precinct of occurrence g. Police Service Area/Transit District, as applicable. NOTE: In the case of a confirmed bias incident, when a complainant/victim requests that an identified offender not be arrested, and there is appropriate legal justification for the arrest, the Commanding Officer, Hate Crime Task Force, may direct that the arrest be made. The primary considerations when a complainant/victim does not want an arrest effected, are the prevention of further violence and the safety of all parties concerned. WHEN COMMANDING OFFICER/DUTY CAPTAIN DETERMINES INCIDENT IS NOT BIAS MOTIVATED: COMMANDING OFFICER/DUTY CAPTAIN 26. Notify detective squad. 27. Notify Operations Unit that offense is not a bias incident. a. Contact Hate Crime Task Force, between 0800 - 2400 hours, seven days a week, for log number on all non-bias incidents. 28. Direct crime prevention officer to personally contact and advise complainant concerning actions to take to prevent recurrence, if offense was committed at a religious institution or a sensitive location. 29. Prepare an UNUSUAL OCCURRENCE REPORT (PD370-152) and forward to Chief of Detectives, Hate Crime Task Force (DIRECT). a. Forward one (1) additional copy of Report through channels. PRECINCT DETECTIVE 30. Conduct appropriate investigation. 31. Forward copy of COMPLAINT REPORT and COMPLAINT FOLLOW-UP to Chief of Detectives, Hate Crime Task Force, within ten (10) days after the incident. CRIME PREVENTION OFFICER 32. Prepare and forward a report within ten (10) days to Commanding Officer, Hate Crime Task Force, if offense was committed at a religious institution or sensitive location indicating action taken and whether security survey was conducted. ADDITIONAL DATA When notification of a possible bias incident is received from any other police agency, the New York City Police Department patrol supervisor shall respond. At the request of a patrol supervisor, captain, or above from another law enforcement agency, the commanding officer concerned/duty captain will respond and determine whether the occurrence should be designated as non-bias or referred to the Hate Crime Task Force as a possible bias incident. If, during the course of an on-going investigation, information is ascertained which may indicate that the original incident may have been a possible bias incident, the Commanding Officer, Hate Crime Task Force, will investigate and confer with the Chief of Detectives to make a determination whether the incident is a possible bias incident. The Commanding Officer, Hate Crime Task Force, will then conduct a preliminary investigation and make all appropriate notifications. FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) UNUSUAL OCCURRENCE REPORT (PD370-152) P.G. 207-11 Preliminary Investigation, Recording And Transmission Of Alarms For Stolen Vehicles Date Effective: 01-01-00 PURPOSE To investigate, record and transmit alarms for stolen vehicles. SCOPE A complainant, present at a precinct stationhouse, police service area (PSA), transit district or other Department facility to report a stolen vehicle, will be transported by Department vehicle to the place of occurrence, or be requested to await the arrival of uniformed member(s) of the service at the location where the crime occurred. The assigned uniformed member of the service will then conduct a preliminary investigation at the scene and enter the results under the "DETAILS" section of the COMPLAINT REPORT WORKSHEET (PD313-152A). PROCEDURE When a complaint of a stolen vehicle is received: UNIFORMED MEMBER OF THE SERVICE 1. Respond to scene and conduct preliminary investigation. NOTE: NO REPORTS OF GRAND LARCENY AUTO WILL BE TAKEN OR ACCEPTED OVER THE TELEPHONE. Any complainants who come into a command to report their vehicle stolen will either be asked to go to the place of occurrence, if feasible, or be transported to the location of reported theft/loss by an available RMP team in order to conduct a preliminary canvass/investigation at the scene. In addition, owner/complainants will be informed that if they recover their own vehicle, they must immediately notify the nearest Police Department facility, so the stolen vehicle alarm(s) can be cancelled. Crime classification will be Grand Larceny Auto unless owner/complainant or other evidence indicates auto (as defined in Section 125, Vehicle and Traffic Law) is valued at $100.00 or less, or if motorcycle (as defined in Section 123, Vehicle and Traffic Law) is valued at $1,000 or less. 2. Give complainant copy of VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT (PD371-082) and VEHICLE THEFT SUPPORTING DEPOSITION (PD371-083) to prepare and sign. 3. Prepare REPORT and DEPOSITION, if complainant has a language barrier or other handicap, and have complainant sign both. a. If complainant refuses to prepare REPORT and/or DEPOSITION or sign REPORT and/or DEPOSITION, note fact on face of REPORT/DEPOSITION and sign. NOTE: A refusal by the complainant to prepare a VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and/or VEHICLE THEFT SUPPORTING DEPOSITION does not preclude the requirement to prepare a COMPLAINT REPORT WORKSHEET and COMPLAINT REPORT (PD313-152) and to get an OLCS complaint number for such report. DESK OFFICER 4. Review VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION for accuracy and legibility and sign. 5. Ascertain through the FINEST System: a. If vehicle has been impounded or repossessed b. If vehicle is wanted in connection with a crime c. If vehicle has been previously reported stolen d. Verification of Vehicle Identification Number (VIN) or ownership, if necessary e. Expiration date of registration plates, when necessary f. If vehicle was towed by rotation tow. [Rev 03-02] g. If vehicle was relocated due to a special event by utilizing the TOPIS application. STATIONHOUSE CLERK 6. Prepare COMPLAINT REPORT WORKSHEET, when required. NOTE: Under no circumstances will the complainant be given a copy of the VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT or VEHICLE THEFT SUPPORTING DEPOSITION. IF COMPLAINANT APPEARS AT STATIONHOUSE TO REPORT AN AUTO LARCENY AND NO UNIFORMED MEMBER OF THE SERVICE IS AVAILABLE TO TAKE REPORT: DESK OFFICER 7. Comply with steps 2 through 6, and corresponding NOTES, above. 8. Assign command clerk to assist complainant in preparing VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and/or VEHICLE THEFT SUPPORTING DEPOSITION, as necessary. a. Act as reviewing officer by signing completed VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION. NOTE: If complainant refuses to prepare VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and/or VEHICLE THEFT SUPPORTING DEPOSITION, desk officer will sign form as witness. UNIFORMED MEMBER OF THE SERVICE 9. Attach VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION to COMPLAINT REPORT WORKSHEET. 10. Have alarm transmitted through the FINEST System and provide the following information: a. Rank, name, command and tax registry number b. Date, time and place of occurrence c. Complaint number from OLCS d. Type of complaint (Grand Larceny Auto, Unauthorized Use, etc.) e. Make, year, model, style, color of vehicle f. Registration plate numbers g. State of registration and expiration date of plates h. Type of plate (passenger, commercial, dealer, etc.) i. Vehicle Identification Number (VIN) j. Name, address and telephone number of registered owner k. Name and address of insurance company and policy number, if available l. Other information that might aid in vehicle's recovery. NOTE: DO NOT sign off from FINEST System until acknowledgement is received from NYSPIN. Printed (hard) copy of NYSPIN acknowledgement will be attached to COMPLAINT REPORT. 11. CLOSE case EXCEPT if vehicle was used in the commission of a crime or other condition indicates that further investigation is necessary. NOTE: Institute a telephone notification to the Stolen Property Inquiry Section for the transmittal of all Felony Vehicle Alarms. 12. Refer COMPLAINT REPORT, with a copy of VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION, to detective squad concerned if case remains open. DESK OFFICER 13. Direct a standard NYSPIN inquiry be made via FINEST, by plate or VIN number, to verify that an alarm has been transmitted. a. Ensure that printed (hard) copy of NYSPIN alarm is accurate and attached to COMPLAINT REPORT. 14. Direct command clerk to prepare COMPLAINT REPORT utilizing OLCS. a. Ensure that original copy of VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION is attached to precinct file copy of COMPLAINT REPORT WORKSHEET. COMMAND CLERK 15. Check FINEST System for accuracy of alarm transmitted. a. Report any discrepancy to desk officer. b. Have alarm modified to correct discrepancy. c. Make entry under "Details" on COMPLAINT REPORT that alarm transmission was verified and include date, time and signature. NOTE: If command FINEST System is temporarily inoperative, verification may be delayed until FINEST System is operative or verification can be requested through an adjoining command. DESK OFFICER 16. Ensure that copies of all Grand Larceny Auto COMPLAINT REPORTS and VEHICLE THEFT PRELIMINARY INVESTIGATION REPORTS are forwarded to the precinct detective squad for their review and further investigation, as necessary. FOLLOW-UP INVESTIGATION OF GRAND LARCENY AUTO COMPLAINTS: ASSIGNED DETECTIVE 17. Interview complainant, either in person or by telephone, utilizing the format described in VEHICLE THEFT FOLLOW-UP REPORT (PD371-081). 18. Record complainant's responses on VEHICLE THEFT FOLLOW-UP REPORT. 19. Confer with supervisor to determine if results of interview fall into three (3) categories: a. Further investigation would prove positive b. Information received would be of value to other units within the Department, e.g., Auto Crime Unit c. No further information available. 20. File VEHICLE THEFT FOLLOW-UP REPORT with COMPLAINT FOLLOW-UP, if no further information is obtained. 21. Duplicate completed VEHICLE THEFT FOLLOW-UP REPORT and file duplicate copy with precinct file copy of COMPLAINT REPORT WORKSHEET. ADDITIONAL DATA If immediate action is indicated on a stolen vehicle complaint, the desk officer will direct the telephone switchboard operator to alert uniformed members of the service on patrol in advance of the alarm being transmitted by the precinct. All complainants will be required to complete and sign the VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION when reporting their vehicles stolen. IF AN ARREST IS EFFECTED WHICH INVOLVES A VEHICLE THAT WAS REPORTED STOLEN WITHIN NEW YORK CITY: The arresting officer will be required, for affidavit preparation, to make two (2) complainant notification attempts at reasonable intervals. If the arresting officer is unable to notify the complainant, the desk officer concerned will attempt to make a third (3rd) notification. All notification attempts, dates and times are to be recorded in the narrative section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). If unable to notify the complainant, the arresting officer will request the precinct of occurrence (where the vehicle was reported stolen) to fax a copy of the VEHICLE THEFT SUPPORTING DEPOSITION and COMPLAINT REPORT to the precinct of arrest. Upon receipt of the completed VEHICLE THEFT SUPPORTING DEPOSITION and COMPLAINT REPORT, the arresting officer will then fax copies of these forms to the assigned assistant district attorney for affidavit preparation. In situations where it is not feasible to either transport or meet a complainant at the location of a reported vehicle theft (e.g., when the date of theft and the reporting date may be days or weeks apart) the need for an RMP canvass will be left to the discretion of the desk officer. A stolen vehicle complaint made in a precinct, which is not the precinct of occurrence, will be accepted and processed as outlined in P.G. 207-04, "Recording Of Complaints Occurring In Another Command." In this instance, the canvass will be completed by personnel assigned to the precinct of record (i.e., the precinct assigning the OLCS complaint number). The commitment to perform a preliminary canvass/investigation in regards to a past larceny of an auto should not be allowed to negatively impact on patrol strength. The desk officer has the discretion to utilize resources such as SP10, scooter personnel, etc., to complete the canvass/investigation. RELATED PROCEDURES Lost/Stolen Vehicle Plates, Licenses and other Department of Motor Vehicle Documents (P.G. 207-13) Safeguarding Vehicles in Police Custody (P.G. 218-12) Vehicle Stolen and Recovered Within New York City (P.G. 218-14) Vehicle Stolen Outside New York City - Recovered Within New York City (P.G. 218-15) Vehicle Stolen Within New York City - Recovered Outside New York City (P.G. 218-16) Vehicle Recovered By The Port Authority Police Department (P.G. 218-17) Derelict Vehicles Bearing New York State Registration Plates (P.G. 214-29) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) VEHICLE THEFT FOLLOW-UP REPORT (PD371-081) VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT (PD371-082) VEHICLE THEFT SUPPORTING DEPOSITION (PD371-083) P.G. 207-12 Lost Or Stolen Property Date Effective: 01-01-00 PURPOSE To investigate complaints of lost or stolen property. PROCEDURE When a complaint of lost or stolen property is received: COMMAND CLERK 1. Telephone Stolen Property Inquiry Section to ascertain if property has been recovered. 2. Prepare COMPLAINT REPORT (PD313-152) if property is not located. a. If complainant does not know where the loss or theft occurred, the place of occurrence will be the place where the complainant first discovered the loss. 3. If property reported lost or stolen meets the following criteria, send copy of COMPLAINT REPORT or COMPLAINT FOLLOW-UP (PD313-081) to Stolen Property Inquiry Section: a. Any article containing manufacturer's name and serial numbers, i.e., typewriter, television, etc. b. All securities containing serial numbers, i.e., bonds, stocks, etc. c. All items dealing with currency containing serial numbers, i.e., travelers checks, money orders, cash, etc. d. All documents with serial numbers, i.e., passports, lottery tickets, etc. e. Jewelry containing initials, inscriptions or other identifying marks OR individual pieces of jewelry, if value exceeds $5,000 OR an item of jewelry that contains ten (10) stones or carats. f. Other articles that contain initials, inscriptions or other outstanding identifiable markings. g. All coin or stamp collections valued at more than $5,000. h. Silverware if value exceeds $5,000. i. All paintings or art objects. j. Any fur coat valued at more than $5,000. k. Any article, item, etc., containing Operation Identification Social Security Number. l. Any property taken in a hijacking. DESK OFFICER 4. Request an alarm be transmitted for lost or stolen firearm via telephone notification to the Stolen Property Inquiry Section and include the following information in transmission: a. Make of firearm b. Model c. Caliber d. Type e. Serial number f. Precinct g. Complaint number from OLCS h. Complainant's name and address i. Does uniformed member of the service own firearm? ADDITIONAL DATA When a communication from an OUT-OF-TOWN complainant alleges loss or theft of property and does not include the place of occurrence, refer complaint to the Stolen Property Inquiry Section. If the property has not been recovered, the Stolen Property Inquiry Section shall contact the complainant through the Inter-City Correspondence Unit and request further information concerning the place of loss. The desk officer/counterpart will provide the complainant or a properly identified representative with a copy of VERIFICATION OF CRIME/LOST OR STOLEN PROPERTY (PD542061), upon request, and will inform such person of the complaint number and precinct of record and direct said complainant to comply with instructions on the form. Whenever a rifle/shotgun permit holder reports the loss of a permit or document relating to rifles/shotguns, a duplicate copy of the COMPLAINT REPORT will be forwarded to the Rifle/Shotgun Section. The complainant will be advised to contact the Rifle/Shotgun Section in person or by telephone. In cases of lost or stolen property, the member of the service preparing the COMPLAINT REPORT WORKSHEET (PD313-152A) shall deliver a copy of COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY (PD313-159) to the complainant. The complainant shall be advised to prepare the REPORT OF STOLEN PROPERTY in the event any additional property is discovered lost or stolen or any additional information regarding property previously reported lost or stolen is discovered. The COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY should then be delivered to the desk officer, precinct of occurrence. The desk officer will ensure that the listing of stolen property and reported values on the COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY is recorded in the property section of the COMPLAINT FOLLOW-UP. MEMBERS OF THE SERVICE WILL NOT, UNDER ANY CIRCUMSTANCES, SIMPLY ATTACH COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY (or a copy of it ) TO A COMPLAINT FOLLOW UP. Ensure that the COMPLAINT FOLLOW-UP is forwarded to the Data Integrity Unit. The COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY must be attached to the command's file copy of the COMPLAINT FOLLOW UP. [I.O. 41 s 02] WHEN A COMPLAINANT REPORTS A LOST OR STOLEN PASSPORT, ALIEN REGISTRATION CARD OR NATURALIZATION PAPERS: Members of the service will request and carefully examine the official photo identification of complainant. If complainant has lost/had stolen all of his/her photo identification (e.g., if the complainant's purse or wallet is stolen), it may not be possible for the complainant to produce photo identification. In such instances, the member of service will use all other methods available to verify the complainant's identification. Once satisfaction of identification is obtained, the member will request the precinct detective squad to conduct an interview and prepare COMPLAINT REPORT WORKSHEET (PD313-152A). The precinct detective squad member assigned will conduct inquiry and prepare COMPLAINT REPORT WORKSHEET, AFTER obtaining verified identification of complainant. The precinct detective assigned will then notify the Counter Terrorism Division's 24 hours Field Operations Desk at (888) 692-7233 with particulars and pedigree of complainant and then request a Counter Terrorism Division log number. The Counter Terrorism Field Operations Desk, prior to assigning a log number, will make a notification to the Joint Terrorist Task Force and the Intelligence Division with particulars and pedigree of complainant. Members of the Joint Terrorist Task Force or the Intelligence Division will conduct internal inquiries and advise the Counter Terrorism Division Field Operations Desk of any further necessity to hold complainant for response of Joint Terrorist Task Force or Intelligence Division personnel. If no further action is necessary, then the Counter Terrorism Division will issue the precinct detective assigned a Counter Terrorism Division log number, which will be recorded on the COMPLAINT REPORT WORKSHEET, under "Details" section, along with the name, rank, tax registry number of member issuing the log number. Counter Terrorism Division Field Operations Desk will prepare intake sheet and forward information to the Counter Terrorism Division's Global Intelligence and Analysis Section for pattern analysis. In addition, a duplicate copy of the COMPLAINT REPORT will be forwarded to the Counter Terrorism Division's Global Intelligence and Analysis Section for file. Stolen Property Inquiry Section (S.P.I.S.) will follow up on lost/stolen passports, alien registration cards and naturalization papers with notification to United States Immigration and Naturalization Service for alien registration cards and naturalization papers, and the United States Department of State for passports. All members of the service are reminded to remain vigilant on patrol, reporting all related terrorist information to the Counter Terrorism Division at (718) 615-7039. RELATED PROCEDURES Preliminary Investigation, Recording And Transmission Of Alarms For Stolen Vehicles (P.G. 207-11) Lost/Stolen Vehicle Plates, Licenses, And Other Department Of Motor Vehicles Documents (P.G. 207-13) FORMS AND REPORTS COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY (PD313-159) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) VERIFICATION OF CRIME/LOST OR STOLEN PROPERTY (PD542-061) P.G. 207-13 Lost/Stolen Vehicle Plates, Licenses And Other Department Of Motor Vehicle Documents Date Effective: 01-01-00 PURPOSE To record complaints of lost/stolen license plates, driver's licenses, learner's permits, vehicle registrations or stickers. PROCEDURE When a complainant reports license plates/driver's license or other registration documents have been lost or stolen: MEMBER OF THE SERVICE 1. Inquire through the FINEST System to ascertain if license plates have been recovered. a. Contact Stolen Property Inquiry Section's Manual File Unit at (212) 374-5084 to ascertain if driver's license or other registration documents have been recovered. VEHICLE LICENSE PLATES: MEMBER OF THE SERVICE 2. Ascertain that complainant is registered owner or a true representative of the owner of the plate(s). 3. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). a. IF ONE (1) PLATE IS MISSING and there is no other evidence to suggest a larceny or other crime, classify the complaint as lost property and close complaint immediately as referred to Department of Motor Vehicles. Whether the complaint is classified as a crime (e.g., larceny) or lost property, direct the owner/representative to turn in the remaining plate to the Department of Motor Vehicles. Advise complainant to contact the precinct after the plate is turned in for transmission of an alarm. A person subsequently found to be in possession of a lost license plate can be charged with larceny by acquiring lost property (Penal Law 155.05 subd. 2b). A license plate missing from an out of state registered vehicle and only required to have one plate will not be classified as a larceny or other crime unless there is additional evidence to support the crime. An alarm, however, will be transmitted in all cases. NOTE: When one (1) plate is missing from a vehicle registered to this Department, have alarm transmitted as soon as possible via FINEST System and attach copy of NYSPIN acknowledgement to COMPLAINT REPORT (PD313-152). Ensure that the "DETAILS" section of the COMPLAINT REPORT includes that the missing/stolen plate is registered to a Department vehicle. b. IF BOTH PLATES ARE MISSING - have alarm transmitted via FINEST System and attach copy of NYSPIN acknowledgement to COMPLAINT REPORT. NOTE: Unless additional information is available to determine if missing plate(s) is stolen, one (1) missing plate will be classified as "Lost Property" and two (2) missing plates will be classified as "Petit Larceny." MEMBER OF THE SERVICE 4. Prepare and sign Report of Lost or Stolen License or Registration Items (MV-78B [6/88]) and give to complainant. a. Make certain box on form captioned "Was the Loss the Result of a Crime?" is checked "Yes" or "No", as appropriate. NOTE: If MV-78B [6/88] is not available to member on patrol, instruct the complainant to obtain form from precinct of occurrence at the earliest convenience. Precinct personnel concerned will verify that a COMPLAINT REPORT has been recorded before preparing MV-78B [6/88] form. 5. Instruct complainant to deliver MV-78B [6/88] and registration certificate for lost plates to Department of Motor Vehicles to obtain new plates. a. If one (1) plate is reported lost/stolen, the remaining plate, vehicle registration and MV-78B [6/88] will be surrendered to Department of Motor Vehicles personnel to obtain new plates. The complainant must then notify the precinct of record for transmission of an alarm on the missing plate. DRIVER'S LICENSE, LEARNER'S PERMIT, VEHICLE REGISTRATION/STICKER: MEMBER OF THE SERVICE 6. Prepare COMPLAINT REPORT WORKSHEET. a. Send additional copy of COMPLAINT REPORT or COMPLAINT FOLLOW-UP (PD313-081) to Stolen Property Inquiry Section in cases where a vehicle's inspection sticker has been reported lost or stolen. NOTE: Lost or stolen driver's license, learner's permits, and vehicle registration items (exclusive of plates) do not meet the criteria for entry into the NYSPIN System. 7. Prepare and sign Report of Lost or Stolen License or Registration Items (MV-78B [6/88]) and give to complainant. a. Make certain box on form captioned "Was the Loss the Result of a Crime?" is checked "Yes" or "No", as appropriate. 8. Instruct complainant to deliver MV-78B [6/88] to Department of Motor Vehicles to obtain new documents. ADDITIONAL DATA If complainant does not know where the loss or theft occurred, the place of occurrence will be the place where the complainant first discovered the loss. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Preliminary Investigation of Complaints (Other Than Vice Related Or Narcotics Complaints) (P.G. 207-07) Lost or Stolen Property (P.G. 207-12) Preliminary Investigation, Recording And Transmission Of Alarms For Stolen Vehicles (P.G. 207-11) FORMS AND COMPLAINT COMPLAINT COMPLAINT REPORTS FOLLOW-UP (PD313-081) REPORT (PD313-152) REPORT WORKSHEET (PD313-152A) P.G. 207-14 Robbery Complaints Involving Police Impersonation Date Effective: 01-01-00 PURPOSE To assist uniformed members of the service who become aware of a robbery involving the impersonation of any law enforcement personnel. DEFINITION POLICE IMPERSONATION - For the purpose of this procedure, a police impersonation occurs when during the commission of a crime, the perpetrator: a. Pretends to be a police officer or wears or displays any uniform, badge, insignia or facsimile thereof by which a police officer of any jurisdiction is generally identified; OR b. Expresses by words or actions that he/she is a police officer or acting with the approval or authority of any police department; OR c. Displays, wears or uses police equipment in a manner likely to create the impression that he/she is a police officer. PROCEDURE Whenever a robbery is committed and it is alleged to have been committed by an individual(s) purporting to be law enforcement personnel: UNIFORMED MEMBER OF THE SERVICE 1. Determine whether a robbery in fact has been committed involving an impersonation of any law enforcement personnel. 2. Request response of patrol supervisor. 3. Detain complainant/witnesses, if possible. 4. Notify the Internal Affairs Bureau Command Center (212) 741-8401, for notification to Police Impersonation Investigation Unit (P.I.I.U.) a. Obtain name of member notified and log number. NOTE: The Police Impersonation Unit will investigate all robbery police impersonation complaints and other serious crimes involving police impersonations. The precinct Detective Squad will be responsible for other criminal impersonation complaints. In ALL cases of suspected police impersonation, a notification to Internal Affairs Bureau Command Center is required and a log number will be assigned. MEMBER CONCERNED, COMMAND CENTER 5. Record information and issue log number. 6. Notify Police Impersonation Investigation Unit (P.I.I.U.). PATROL SUPERVISOR 7. Notify desk officer. 8. Ensure that a thorough preliminary investigation is conducted. 9. Verify arrest(s), if made. 10. Have COMPLAINT REPORT WORKSHEET (PD313-152A) prepared including: a. Detailed description of the impersonation and robbery. b. Internal Affairs Bureau Command Center log number and member notified. DESK OFFICER 11. Finalize COMPLAINT REPORT WORKSHEET utilizing the OLCS and fax copy of COMPLAINT REPORT (PD313-152) to the Internal Affairs Bureau Command Center at (212) 741-8408. SUPERVISOR, P.I.I.U. 12. Dispatch member(s) to interview complainant/witnesses, if circumstances warrant. a. Dispatch member(s) from Internal Affairs Bureau Police Impersonation, or Internal Affairs Bureau Nightwatch, if a response to interview a complainant/witness is required during the 1st Platoon. P.I.I.U./NIGHTWATCH MEMBER CONCERNED 13. Interview complainant and obtain facts. 14. Safeguard evidence. 15. Have complainant view Police Impersonation Photo Albums and Criminal Investigation Unit photos, if necessary. 16. Maintain a case file. 17. Effect arrests of identified subject(s). SUPERVISOR, P.I.I.U. 18. Review all robbery impersonation complaints received at the Command Center to determine case status. 19. Maintain statistics regarding trends and arrests. 20. Supply and maintain Police Impersonation Photo Albums for each borough Criminal Investigation Unit. ADDITIONAL DATA Police Impersonation Photo Albums that are maintained by the Police Impersonation Investigation Unit are available for use by all investigative units within the Department. The Police Impersonation Investigation Unit is available to assist in any open investigation involving police impersonations and will provide assistance, as appropriate, whenever serious criminal conduct involves impersonation of law enforcement personnel. Whenever the Police Impersonation Investigation Unit develops a "pattern," a notification will be made to the appropriate borough robbery squad. Additionally, if the Police Impersonation Investigation Unit rejects a case, a telephone notification will be made to the precinct detective squad concerned. The Special Victims Squad concerned will investigate robberies committed by police impersonators, which include sexual assault, and the Police Impersonation Investigation Unit will assist in the investigation. If in the course of an investigation it is determined that a possible "narcotics trade" element is involved, the Police Impersonation Investigation Unit member concerned will make the necessary notifications to the Organized Crime Control Bureau. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 207-15 Threats To Complaints And Witnesses Date Effective: 01-01-00 PURPOSE To investigate, record and refer complaints of threats to witnesses/complainants involved in criminal proceedings. PROCEDURE When notified of a threat to a witness/complainant: UNIFORMED MEMBER OF THE SERVICE 1. Obtain as much detailed information as possible, e.g., possible motive, type of threat, subject of threat, etc. 2. Immediately notify desk officer, precinct of occurrence. a. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). DESK OFFICER 3. Ensure that a supervisor is responding, if not already present. a. Direct the preparation of a COMPLAINT REPORT (PD313-152). 4. Immediately notify precinct detective squad concerned or borough nightwatch, if appropriate. NOTE: Communications Section will automatically direct the patrol supervisor to respond to all incidents involving threats to witnesses. ASSIGNED DETECTIVE 5. Immediately interview complainant, conduct preliminary investigation and confer with assigned detective supervisor. 6. Process and safeguard physical evidence, e.g., note, tape recording, etc., if any. 7. Determine if person(s) threatened is a complainant or witness in a criminal proceeding. a. When the threat involves an arrest or investigation previously conducted by this Department, notify the detective assigned to the case and obtain his/her assistance in assessing the threat. DETECTIVE SUPERVISOR 8. Immediately conduct a personal interview with person threatened and person receiving threat, if not the same person. 9. Notify the District Attorney's Office concerned if subject has been a complainant/witness at a hearing, grand jury, trial, etc. 10. Direct the establishment of any immediate security measures necessary, if appropriate. 11. Confer with detective duty captain, patrol duty captain and desk officer, precinct of occurrence regarding security measures implemented and the need for continued or additional measures. 12. Notify detective borough commander/executive officer of details of threat and steps taken to insure security of complainant/witness. DETECTIVE BOROUGH COMMANDER/EXECUTIVE OFFICER 13. Consult with patrol borough commander/executive officer as soon as possible regarding duration and extent of security measures when coverage is provided. ADDITIONAL DATA Security options may include directed patrol, fixed post (foot or RMP), and advising complainant/witness to contact 911, if any suspicious person is observed or further threats received. Simple refusal by threatened party shall not be the sole factor in determining that no security measures be taken. Locations where a witness who is threatened is present are considered Sensitive Locations. A generic "SPRINT" message to have the patrol supervisor respond to these locations is automatically entered. However, this does not preclude a commanding officer from requesting inclusion of additional information related to safety in "SPRINT" as per A.G. 316-35," Hazardous, Sensitive, Hazardous Material Locations". RELATED PROCEDURES Hazardous, Sensitive, Hazardous Material Locations (A.G. 316-35) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 207-16 Overdue Rental Vehicles Date Effective: 01-01-00 PURPOSE To record and investigate complaints of overdue rental vehicles. DEFINITION PRECINCT OF OCCURRENCE - For the purpose of this procedure only, shall be the precinct where the vehicle was leased/rented, or the location where the vehicle was scheduled to be returned to at the expiration of the lease or rental agreement. PROCEDURE When a rental agency reports an overdue rental vehicle: UNIFORMED MEMBER OF THE SERVICE 1. Interview complainant and conduct preliminary investigation. 2. Ascertain if fraudulent means were used to obtain vehicle. NOTE: Fraudulent means may consist of giving false information on the rental agreement relative to identification, residence or place of employment, etc. 3. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) and: a. Classify complaint as "AUTO LARCENY" if fraudulent means were used to rent the auto, OR b. Classify complaint as "INVESTIGATION - UNAUTHORIZED USE OF MOTOR VEHICLE", when no apparent fraud is involved. DESK OFFICER 4. Direct command clerk to prepare COMPLAINT REPORT (PD313-152) from COMPLAINT REPORT WORKSHEET and: a. If complaint is classified as AUTO LARCENY, direct the reporting officer to comply with P.G. 207-11, "Preliminary Investigation, Recording and Transmission of Alarms for Stolen Vehicles," OR b. If complaint is classified as INVESTIGATION - UNAUTHORIZED USE OF MOTOR VEHICLE, refer to precinct detective squad to determine if the facts will support a criminal action. PRECINCT DETECTIVE 5. Ascertain from the rental agency if all of the following steps were taken to contact the lessee: a. Efforts made to locate lessee at residence or place of employment b. Certified letter mailed to lessee demanding the return of the vehicle c. Internal check to ensure clerical errors are not present d. Written investigation report that tends to support criminal action (most rental agencies have a form for this purpose) e. Other appropriate steps. 6. Reclassify complaint from INVESTIGATION to UNAUTHORIZED USE OF MOTOR VEHICLE, when facts support a criminal action. 7. Mark complaint "UNFOUNDED," if the facts do not support a criminal action, and: a. Inform rental agency that the complaint is a civil matter. NOTE: If additional information substantiating a criminal action is brought to the attention of this Department, a CLOSED CASE may be reopened and further investigation conducted. 8. Record action taken on COMPLAINT FOLLOW-UP (PD313-081) unless such information is contained on original COMPLAINT REPORT. ADDITIONAL DATA In complaints of overdue rental vehicles, all the facts must be examined to determine if a criminal action can be supported. In many instances, the retention of a rental vehicle amounts to a breach of a civil contract ONLY, and the rental agency can seek redress in civil court. A criminal action involving overdue rental vehicles can be supported ONLY if there is a "GROSS DEVIATION" from the rental agreement and the rental agency concerned has served or attempted service of a "NOTICE," in person or by certified mail, at the address indicated in the rental agreement, stating the time and date the vehicle was to be returned; that the agency does not consent to continued retention of the vehicle by the lessee; and that further retention of the vehicle may constitute a Class "A" Misdemeanor. A "GROSS DEVIATION" may occur when, but is not limited to, a lessee who has legal custody of a vehicle for fifteen (15) days or less, pursuant to a written rental agreement, intentionally retains such vehicle for at least seven (7) days beyond the expiration date of the rental agreement and continues such possession for more than two (2) days after service or attempted service of the above mentioned "NOTICE" from the rental agency. RELATED PROCEDURES Preliminary Investigation, Recording And Transmission Of Alarms For Stolen Vehicles (P.G. 207-11) FORMS AND COMPLAINT COMPLAINT COMPLAINT REPORTS FOLLOW-UP (PD313-081) REPORT (PD313-152) REPORT WORKSHEET (PD313-152A) P.G. 207-17 Contraband Weapons Date Effective: 01-01-00 PURPOSE To record seizures of contraband weapons. DEFINITION CONTRABAND WEAPON - As used in this section includes any weapons possessed unlawfully. PROCEDURE When a uniformed member of the service comes into possession of a contraband weapon: UNIFORMED MEMBER OF THE SERVICE 1. Follow normal complaint and/or arrest procedures. 2. Charge appropriate offense(s) from the New York State Penal Law, if arrest made. DESK OFFICER 3. Notify Joint Terrorist Task Force of details (212) 384-2900. 4. Notify the Bureau of Alcohol, Tobacco and Firearms through Operations Unit if any of the following weapons are involved: a. Fully automatic firearms such as machine guns and machine pistols b. Shotguns with barrels less than 18 inches long c. Rifles with barrels less than 16 inches long d. Altered shotgun or rifle with overall length of less than 26 inches e. Any weapon, other than conventional handgun, capable of firing a shot, if such weapon can be concealed on the person f. Destructive device - any explosive, incendiary, poison gas, bomb, grenade, rocket, missile, mine or similar device; or any parts designed to create a destructive device g. Pistols with shoulder stocks h. Any muffling or silencing device designed for use with a firearm. NOTE: Include information concerning any vehicle, vessel or aircraft that is or may be involved in violation of Federal Law. ADDITIONAL DATA Request for gun traces of contraband weapons will be made to the Alcohol, Tobacco and Firearms Bureau through the Firearms Analysis Section. The Firearms Analysis Section will forward a report of the results of the gun trace to the requesting officer and the Intelligence Division. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Arrests - Contraband Weapons (P.G. 208-49) Processing Firearms (P.G. 218-23) P.G. 207-18 Complaints Involving Credit Cards Date Effective: 01-01-00 PURPOSE To investigate complaints involving credit cards. PROCEDURE When a credit card comes into possession of a member of the service and its status is in doubt and requires investigation: MEMBER OF THE SERVICE 1. Report information to desk officer. DESK OFFICER 2. Notify the Special Frauds Squad between 0900 and 1800 hours, Monday through Friday, by telephone (212) 374-6850. NOTE: Special Frauds Squad member will check records and telephone credit card company for status inquiry of credit cards. The credit card company representative will telephone results of inquiry to the desk officer. UNIFORMED MEMBER OF THE SERVICE 3. Have COMPLAINT REPORT (PD313-152) prepared when required: a. Have additional copy sent to Special Frauds Squad b. Enter, under "Details," name of Special Frauds Squad member notified c. Enter results of inquiry under "Details." 4. Comply with P.G. 207-07, "Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints)." ADDITIONAL DATA If an arrest is effected involving the credit card, the credit card company involved will provide a representative in court as a complainant when required. The Special Frauds Squad maintains twenty-four (24) hour telephone hot line verification numbers for various credit card companies. If the Special Frauds Squad office is closed, the current list of hot line numbers is maintained at the Missing Persons Desk (212) 374-6918. RELATED PROCEDURES Preliminary Investigation of Complaints (Other Than Vice Related Or Narcotics Complaints) (P.G. 207-07) Counterfeiting/Forging U.S. Government Obligations or Counterfeiting/Unauthorized Use of Access Devices (P.G. 208-47) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) P.G. 207-19 Thefts From Department Lockers Date Effective: 01-01-00 PURPOSE To investigate reported thefts from Department lockers. PROCEDURE Upon discovery of a theft or attempted theft from a Department locker: MEMBER OF THE SERVICE 1. Report facts to desk officer. DESK OFFICER 2. Notify commanding officer or duty captain. 3. Notify IAB, Command Center and obtain a Log Number. COMMANDING OFFICER/DUTY CAPTAIN 4. Investigate circumstances of incident including, but not limited to, photographing damage to locker, obtaining fingerprints, results of interviews, etc. 5. Notify precinct detective squad concerned, if necessary. 6. Direct preparation of COMPLAINT REPORT WORKSHEET (PD313-152A). 7. Take steps to prevent recurrence of theft. 8. Prepare three (3) copies of report on Typed Letterhead and forward: a. First two (2) copies to bureau chief concerned b. Third copy to Internal Affairs Bureau. ADDITIONAL DATA Members of the service are responsible for securing their lockers with a combination type padlock without a serial number. FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) Typed Letterhead P.G. 207-20 Investigation Of Crimes Involving Computers Or Computer Technology Date Effective: 01-01-00 PURPOSE To protect computer evidence obtained by this Department during the course of investigations or arrests, and to enhance the prosecution of defendants. PROCEDURE Whenever computer related evidence is to be seized, subject of an investigation or connected with an arrest: UNIFORMED MEMBER OF THE SERVICE CONCERNED 1. Notify [I.O. 1-4, 03] Computer Crimes Squad at (646) 610-5397 (0600 to 2000 hours, Monday through Friday) or Office of the Chief of Detectives at (646) 610-5430 (all other times) whenever: a. Computer-related evidence is seized or expected to be seized, i.e., evidence consisting of a computer that has been used to commit a crime or is suspected of being a device that stores evidence. b. An arrest involving a computer is made. NOTE: [I.O. 1-4, 03] Computer Crimes Squad will determine if a response to debrief the prisoner(s) is necessary. 2. Confer with [I.O. 1-4, 03] Computer Crimes Squad whenever: a. A criminal investigation by a unit of this Department is conducted where computers or computer evidence may be involved. b. A warrant to seize computers or computer-related evidence is being sought, prior to the preparation of the warrant. NOTE: Notification to the [I.O. 1-4, 03] Computer Crimes Squad concerning search warrants will be of a limited nature pertaining only to computers and computer-related equipment to be seized. ADDITIONAL DATA When requested, the [I.O. 1-4, 03] Computer Crimes Squad will provide technical assistance in properly securing computer evidence, conducting computer forensic examinations and preparing warrants. The [I.O. 1-4, 03] Computer Crimes Squad will make the determination whether a response to the scene is required, based on the totality of the circumstances presented in each case. P.G. 207-21 Allegations Of Corruption And Serious Misconduct Against Members Of The Service Date Effective: 10-17-03 PURPOSE To process allegations of corruption and serious misconduct against members of the service. SCOPE All members of the service must be incorruptible. An honest member of the service will not tolerate members of the service who engage in corruption or serious misconduct. All members of the service have an absolute duty to report any corruption or serious misconduct, or allegation of corruption or serious misconduct, of which they become aware. DEFINITION CORRUPTION/SERIOUS MISCONDUCT: Criminal activity or serious misconduct of any kind including the use of excessive force or perjury that is committed by member of the service whether on or off duty. PROCEDURE Upon observing, or becoming aware of corruption or serious misconduct or upon receiving an allegation of corruption or serious misconduct involving a member of the service: NOTE: To prevent interruption or delay in vital services, a telephone switchboard operator will refer any allegation of corruption or serious misconduct to the desk officer, who will record the details of the allegation(s). MEMBER OF THE SERVICE CONCERNED 1. Telephone Internal Affairs Bureau, Command Center (212) 741-8401(24 hours) or 1800-PRIDE PD (24 hours) or (212) CORRUPT (24 hours). a. Give preliminary facts. b. Identify self or, if opting to remain anonymous, obtain Confidential Identification Number from Command Center Investigator. c. Furnish details of corruption or misconduct. NOTE: In certain cases, supervisory personnel assigned to the Command Center of the Internal Affairs Bureau may direct on-duty members not reporting anonymously to prepare a detailed written report in addition to a telephone notification or request the member(s) concerned to await the arrival of an investigator OR 2. Prepare a detailed written report addressed to the Chief of Internal Affairs. a. Forward DIRECT, or via FAX (212) 741-8408, to the Command Center, 315 Hudson Street within twenty-four (24) hours. MEMBERS MAY OPT TO REPORT ALLEGATIONS OF CORRUPTION/MISCONDUCT IN WRITING ANONYMOUSLY 3. Prepare a detailed written report, upon becoming aware of misconduct and forward to: a. Chief of Internal Affairs, or b. Box 1001, New York, New York 10014. NOTE: Obtaining a Confidential Identification Number from the Command Center investigator will satisfy the member's reporting responsibility, if the information reported is accurate and complete. Subsequent or ongoing reporting is encouraged to insure the information is timely and complete and may be made by referencing the Confidential Identification Number. ADDITIONAL DATA A member of the service having or receiving information relative to corruption or serious misconduct, or an allegation of corruption or serious misconduct, has the responsibility to report such information to the commanding officer or directly to the Internal Affairs Bureau, Command Center. If reported to the commanding officer, the commanding officer will notify the Internal Affairs Bureau, Command Center. If member's commanding officer is the subject of the allegation, the member concerned will only notify the Internal Affairs Bureau, Command Center, direct. Failure to report corruption, serious misconduct, or allegations of such act is, in itself an offense of serious misconduct and will be charged as such when uncovered during an investigation. Conduct designed to cover up acts of corruption, prevent or discourage its report, or intimidate those who would report it, will be charged as an obstruction of justice or other criminal act with the consent of the prosecutor who has criminal jurisdiction. A member of the service receiving an allegation of corruption against oneself will request a supervising officer to respond to the scene. The supervising officer will interview the complainant and confer with the Internal Affairs Bureau, Command Center, BEFORE interviewing the member concerning the allegation. RELATED PROCEDURES Allegations of Corruption Against City Employees (Other than Members of the New York City Police Department) (P.G. 207-22) Processing Civilian Complaints (P.G. 207-31) Civilian Complaints - Witness Statement (P.G. 207-30) P.G. 207-22 Allegations Of Corruption Against City Employees (Other Than Members Of The New York City Police Department) Date Effective: 01-01-00 PURPOSE To record allegations of corruption and/or serious misconduct and/or misconduct against federal, state or city employees, other than members of this Department, and provide for notifications to the appropriate agency. PROCEDURE Upon receiving, or becoming aware of, an allegation of corruption and/or serious misconduct and/or misconduct against a federal, state or city employee, other than a member of this Department: MEMBER OF THE SERVICE 1. Report the facts immediately to commanding officer, or if absent, the highestranking supervisor in the command. 2. Telephone Internal Affairs Bureau, Command Center (212) 741-8401 (24 hours) and: a. Identify self. b. Give telephone number where you can be reached. c. Give preliminary facts. d. Comply with instructions of ranking officer, Internal Affairs Bureau. SUPERVISORY MEMBER 3. Prepare report on Typed Letterhead, addressed to the Chief of Internal Affairs with all details. a. Forward original and copy in sealed white envelope addressed to: Internal Affairs Bureau, Command Center 315 Hudson Street, 3rd Floor New York, New York 10013 NOTE: A complaint against a federal, state or city employee other than a member of this Department, that does not involve an allegation of corruption and/or serious misconduct and/or misconduct (for example, Driving While Intoxicated or Domestic Violence) will be processed in accordance with the provisions of P.G. 207-01, "Complaint Reporting System." RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Preliminary Investigation of Complaints (Other than Vice Related or Narcotics Complaints) (P.G. 207-07) Allegations of Corruption and Serious Misconduct Against Members of the Service (P.G. 207-21) FORMS AND REPORTS Typed Letterhead P.G. 207-23 Missing Persons Date Effective: 01-01-00 PURPOSE To investigate, search for, refer, and record complaints of missing persons. DEFINITIONS MISSING PERSON - Person missing from a NEW YORK CITY RESIDENCE and: a. Under eighteen (18) years of age, OR b. Mentally or physically impaired to the extent that hospitalization may be required, OR c. Senile, retarded or disabled and not capable of self-care or clear communication, OR d. Sixty-five (65) years of age or older, OR e. Possible victim of drowning, OR f. Indicated an intention of committing suicide, OR g. Absent under circumstances indicating unaccountable or involuntary disappearance. NOTE: Missing person complaints WILL BE ACCEPTED for persons missing from temporary residences within New York City (hotels, rooming houses, etc.). However, complainants will also be instructed to report such cases to the local police agency covering the permanent residence of the missing person. UNDER NO CIRCUMSTANCES WILL COMPLAINANTS BE REFERRED DIRECTLY TO THE MISSING PERSONS SQUAD. Missing persons DO NOT INCLUDE the following: a. Persons wanted for crimes, OR b. Persons wanted on warrants, OR c. Persons eighteen (18) years of age or older, who have left home voluntarily because of domestic, financial or similar reasons. PROCEDURE Upon receiving a complaint of a missing person: UNIFORMED MEMBER OF THE SERVICE 1. Respond to the scene, interview complainant and obtain: a. An accurate description of the subject. b. Clothing worn. c. Location where last seen. (1) If missing person is believed to be using public transportation, obtain information on the type of transportation, route and possible destination(s). d. Administration for Children's Services caseworker's name and telephone number, if applicable. e. Biological parents' name, address and telephone number, as appropriate. f. Ascertain whether missing person has Alzheimer's disease and is registered with the Alzheimer's Association Safe Return Program, as appropriate. (1) If so, determine whether person was wearing a Safe Return wristband or necklace and request that complainant provide the Safe Return identification number. (a) If the identification number is unknown, the responding member will call the Alzheimer's Association at (800) 272-3900 to obtain the number and any other information the Association has on the missing person. NOTE: There are no minimum time limits that must be observed before accepting a report of a missing person. However, when a person sixty-five (65) years of age and older, or a child less than ten (10), or a senile/disabled person is missing from a hospital or institution, PRIOR TO INITIATING ANY OTHER ACTION, AN INITIAL SEARCH OF THE BUILDING WILL BE CONDUCTED TO VERIFY THAT SUCH PERSONS ARE ACTUALLY MISSING. A complainant could be, in addition to a member of the family, a legal or temporary guardian, a representative of the Board of Education, or a hospital administrator. UNIFORMED MEMBER OF THE SERVICE 2. Request patrol supervisor to respond. 3. Notify desk officer of details. DESK OFFICER PRECINCT OF OCCURRENCE AND/OR PRECINCT OF RESIDENCE 4. Check precinct records to determine if missing person has been the subject of police action. DESK OFFICER PRECINCT OF OCCURRENCE 5. Notify desk officer, precinct of residence, for preparation of required reports, when applicable, unless an immediate investigation and/or search for the missing person is required. In these instances, the desk officer shall be notified after the search. 6. Notify PSA desk officer when missing person is a resident of a New York City Housing Authority development. 7. Ascertain if Missing Persons Squad has any information on the missing individual by requesting a records search. 8. Notify precinct detective squad. DESK OFFICER PRECINCT OF RESIDENCE 9. Direct the preparation of MISSING/UNIDENTIFIED PERSON REPORT (PD336-151) and COMPLAINT REPORT WORKSHEET (PD313-152A). a. Ensure that same complaint number is used for both MISSING/UNIDENTIFIED PERSON REPORT and COMPLAINT REPORT. b. Have JUVENILE REPORT (PD377-151) prepared, if missing person is at least seven (7) but less than sixteen (16) years of age. c. Have NYS Domestic Incident Report (DCJS 3221) prepared, if circumstances indicate that youth is missing due to abuse, maltreatment, etc. d. Ensure that any information relating to a missing person registered with the Alzheimer's Association Safe Return Program is included in the MISSING/UNIDENTIFIED PERSON REPORT under caption, "Remarks/Other Pertinent Information" (see step 1, subdivision f). NOTE: Missing Persons Squad cannot process a MISSING/UNIDENTIFIED PERSON REPORT unless ALL captions are filled out. Members of the service are to contact Missing Persons Squad for assistance in the event information is unknown or not available. 10. Direct that MISSING/UNIDENTIFIED PERSONS REPORT (without FACSIMILE TRANSMITTAL SHEET [PD112-1410]) be FAXED to Missing Persons Squad, between 0630 and 2300 hours only, at (212) 374-3497 [if busy, (212) 748-0460]. (Do not FAX between 0700-0800, and 1500-1600). a. Have command clerk enter Missing Persons Squad case number and name of member who assigned case number on the MISSING/UNIDENTIFIED PERSON REPORT when received. NOTE: Whenever FAX machines are unavailable or inoperable, the Missing Persons Squad intake desk will continue to accept MISSING/UNIDENTIFIED PERSONS REPORTS by telephone between 0630 and 2400 hours. In addition, Missing Persons Squad members will be available for conferral during those hours as well. WHEN IMMEDIATE INVESTIGATION AND/OR SEARCH IS REQUIRED: NOTE: An immediate investigation and/or search is required for the following "special category" missing persons: a. Child under sixteen (16) years of age, OR b. Mentally/physically impaired to the extent that hospitalization may be required, OR c. Senile, retarded or disabled and not capable of self-care or clear communication, OR d. Sixty-five (65) years of age or older, OR e. Unique/unusual case, OR f. Missing under circumstances indicating unaccountable or involuntary disappearance, OR g. Possible drowning victim. DESK OFFICER PRECINCT OF OCCURRENCE 11. Open and maintain Command Post Log at desk. NOTE: Maintain, in front of Command Post Log, a listing of "special category" missing persons captioned as follows: NAME OF MISSING PERSON SAFE RETURN INFORMATION AGE DATE OF REPORT PAGE NUMBER 12. Make the following additional notifications: a. Precinct commander/duty captain for "special category" missing persons in subdivisions "a" through "e" above. b. Precinct platoon commander, if child under ten (10) is missing. (1) The precinct commander/duty captain will be notified and perform the duties of the platoon commander, if the platoon commander is unavailable. c. Precinct detective squad, precinct of occurrence to respond and assist in search. (1) If no detective is available, notify the detective borough dispatcher. d. Operations Unit e. Missing Persons Squad - Notify of identity of member assigned to conduct the immediate investigation and/or search. PATROL SUPERVISOR/ASSIGNED DETECTIVE 13. Direct, coordinate and control the search in the appropriate areas. a. If a child under ten (10) years of age is missing, the platoon commander, precinct of occurrence, shall perform steps 13 through 18. NOTE: If the platoon commander is not immediately available, the patrol supervisor/assigned detective will commence the search immediately pending the arrival of the platoon commander or the precinct commander/duty captain. 14. Request additional personnel, as required. a. Emergency Service Unit, if needed. b. Aviation Unit to survey rooftops, when necessary. c. PSA platoon commander and/or PSA patrol supervisor, if missing person is a resident of a NYC Housing Authority development. 15. Request Communications Section to broadcast description of missing person to members on patrol. a. If missing person is believed to be using public transportation, request broadcast of description to precincts along travel route, and notify Transit Bureau (subways) and/or Traffic Control Division (buses), as appropriate. 16. Initiate search at location where missing person was last observed. a. If missing person's residence is within search pattern have entire building thoroughly searched. b. Include travel route, if any, in search pattern. 17. Direct members performing the search to maintain records of area, routes and premises searched and identities of persons questioned. 18. Keep the following informed of progress of search: a. Precinct commander/duty captain, when applicable b. Desk officers (precincts of occurrence and residence, if different) c. Missing Persons Squad (1) Make notification within a reasonable time (usually four [4] hours BUT NOT LATER THAN END OF TOUR) of progress of search. Upon completion of investigation and search, obtain the Missing Persons Squad serial number. d. Operations Unit e. Communications Section. PSA PLATOON COMMANDER/PATROL SUPERVISOR 19. Assist in search efforts when notified that missing person is a resident of a NYC Housing Authority development. a. Assign available Housing Bureau resources to assist in search, as necessary. b. Act as liaison with other NYC Housing Authority personnel, as necessary. DESK OFFICER PRECINCT OF RESIDENCE 20. Review and forward MISSING/UNIDENTIFIED PERSON REPORT and JUVENILE REPORT, if prepared, as per instructions on forms. a. Enter precinct serial number on JUVENILE REPORT prior to forwarding. 21. Review COMPLAINT REPORT and finalize in On Line Complaint System. ASSIGNED DETECTIVE 22. Forward COMPLAINT FOLLOW-UP (PD313-081) within seven (7) working days detailing the steps taken in the preliminary investigation, UNLESS the investigation was closed on the MISSING/UNIDENTIFIED PERSON REPORT. COMMANDING OFFICER/DUTY CAPTAIN 23. Supervise and review actions taken by members of the service. 24. Ensure that all forms are properly prepared and forwarded. ADDITIONAL DATA NON-RESIDENTS - A report of person missing from a residence OUTSIDE New York City WILL NOT BE ACCEPTED. The complainant will be directed to report the case to the local police agency covering the residence of the missing person. The local police may request this Department to assist in the investigation. SUBJECT OF A CRIME - When a person reported missing or unidentified is found to be the subject of a crime, the investigating member will notify the desk officer, precinct of residence and precinct of occurrence (if different) and Missing Persons Squad. The member will also prepare a COMPLAINT FOLLOW-UP to close the missing person case. The member will then prepare another COMPLAINT REPORT and have a new complaint serial number assigned to the case. The Missing Persons Squad is required to make a report, through NYSPIN, as soon as possible, to the Central Registry, upon receiving a notification of a missing child under eighteen (18) years of age. RELATED PROCEDURES Unidentified Persons (P.G. 216-03) Notifications (P.G. 216-15) Juvenile Report (P.G. 215-08) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) COMPLAINT REPORT (PD313-152) JUVENILE REPORT (PD377-151) MISSING/UNIDENTIFIED PERSON REPORT (PD336-151) NYS Domestic Incident Report (DCJS 3221) P.G. 207-24 This Procedure Intentionally Left Blank Date Effective: 01-01-00 P.G. 207-25 Notifications From Caseworkers Employed By The Protective Services For Adults And Department For The Aging Date Effective: 01-01-00 PURPOSE To provide a comprehensive mechanism for receiving and responding to reports of crimes committed against clients (and prospective clients) of the Protective Services for Adults (PSA) and Department for the Aging (DFTA). SCOPE This procedure establishes the manner in which the Department will receive, record, and, in appropriate circumstances, commence an investigation in those cases where caseworkers, employed by the Protective Services for Adults and/or Department for the Aging, are presented with facts and circumstances giving the caseworker reason to believe that a crime has been committed against a client or any person being evaluated to become a client. DEFINITIONS IMPAIRED ADULT ABUSE - the physical, sexual, emotional, or financial abuse and/or neglect of a physically or mentally impaired adult, eighteen (18) years of age or older, who is unable to provide for his/her own health, welfare or safety. ELDER ABUSE - the physical, sexual, emotional, or financial abuse and/or neglect of an individual sixty (60) years of age or older. PROCEDURE Upon receiving a report from a caseworker, employed by either the Protective Services for Adults or Department of the Aging, alleging that a client of the agency or a person being evaluated to become a client has been the victim of a crime: MEMBER OF THE SERVICE RECEIVING REPORT 1. Ascertain immediately if report relates to on-going condition that threatens health or safety of victim. IF HEALTH OR SAFETY OF VICTIM APPEARS TO BE IN IMMEDIATE DANGER: 2. Request medical assistance to the scene of occurrence. a. Ensure response of police personnel and resources, including Emergency Service Unit and patrol supervisor, as necessary. IF HEALTH OR SAFETY OF VICTIM DOES NOT APPEAR TO BE IN IMMEDIATE DANGER: 3. Notify Communications Section and request appropriate unit to be dispatched to scene. UNIFORMED MEMBER OF THE SERVICE ASSIGNED 4. Respond to scene, and: a. Interview complainant/victim, witnesses and caseworker. b. Comply with applicable "Aided Case" procedures, if necessary. c. Conduct thorough field investigation, obtain facts and safeguard evidence. 5. Comply with P.G. 207-07, "Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints)" and P.G. 208-36, "Family Offenses/Domestic Violence," if applicable. a. Canvass area for witnesses, if appropriate. 6. Notify crime prevention officer, in addition to any other required notifications. NOTE: The crime prevention officer, who is designated to act as the liaison between this Department and caseworkers for the Protective Services for Adults Agency and Department for the Aging, will be notified in all cases when a caseworker employed by either agency makes a report of an elderly/impaired victim. 7. Notify precinct detective squad or domestic violence investigator, if appropriate, in all cases requiring further investigation. a. Notify Detective Bureau's Special Frauds Squad in cases where elderly persons are victims of financial exploitation, con games and home repair scams. NOTE: Cases involving incidents of domestic violence will continue to be the responsibility of the Domestic Violence Prevention Officer/Investigator, who will be notified directly. ADDITIONAL DATA Whenever possible, Protective Services for Adults and Department for the Aging caseworkers requiring police assistance in any given situation will contact the liaison at the precinct concerned to make advance arrangement for such assistance. When advance arrangement is not possible, caseworkers concerned will contact the desk officer, precinct concerned, to request such assistance. When the situation constitutes an emergency, caseworkers will contact 911 and request response. Protective Services for Adults and Department of the Aging are valuable resources whose services may be utilized by members of the service (uniformed and civilian) to secure additional assistance when dealing with cases involving long-term investigation or those requiring access to financial or other records. The assigned investigator should attempt to obtain assistance from the Protective Services for Adults or Department of the Aging caseworker through the precinct crime prevention officer. Protective Services for Adults caseworkers are experienced in arranging for the provision of food, shelter, medical care and financial assistance to physically or mentally impaired adults. In addition, Protective Services for Adults personnel are authorized by law to intervene to prevent evictions, assist clients in obtaining public assistance, and assist in arranging for heat, electric and cleaning services for clients in need of these services when no other family member is willing and/or able to do so on the client's behalf. The most typical client is a person sixty (60) years and older, physically or mentally impaired without family ties. Department for the Aging provides emergency financial assistance and supportive services to elderly crime victims and elder abuse victims. Services include providing crime prevention and supportive counseling, home security repairs, i.e., windows and door locks for victims of forced entries, help in replacing stolen documents, assistance in filing Crime Victim Compensation Board claims, and securing other services such as Home Energy Assistance Program (HEAP) and Meals on Wheels. The operational hours for both the Protective Services for Adults and Department of the Aging are Monday through Friday, 0900 to 1700 hours. Protective Services for Adults Central Intake can be reached at (212) 941-6131. Department for the Aging Crime Victims Resource Center can be reached at (212) 442-3103. Each District Attorney's Office within the City of New York has special units or has assigned assistants to specialize in cases involving the elderly. In the event that such assistance is required, the member of the service concerned should contact the appropriate Office of the District Attorney during business hours and confer with the unit/assistant assigned to handle these cases, as follows: Brooklyn (718) 250-2243 Manhattan (212) 335-9118 Staten Island (718) 876-5819 Bronx (718) 590-2295 Queens (718) 286-5910 P.G. 207-26 Voluntary Surrender Of Weapons With Written Notice Date Effective: 01-01-00 PURPOSE To encourage and record the voluntary surrender of dangerous weapons. PROCEDURE When a person asks how to surrender a dangerous weapon: UNIFORMED MEMBER OF THE SERVICE 1. Direct person requesting such information to write a "notice of intent to surrender weapon" to the commanding officer of resident precinct including: a. Name and address b. Description of weapon c. Present location of weapon, and d. Time, date and place where weapon will be surrendered. NOTE: If at the time of inquiry, the person physically possesses the weapon, the uniformed member of the service concerned will escort the person to the appropriate command where "Voluntary Surrender of Weapons Without Prior Notice" procedure will be followed (see P.G. 207-27). CLERICAL MEMBER 2. Enter name and address of writer and description of weapon in the Command Communications Log upon receipt of the written notice, and forward same to command clerk. COMMAND CLERK 3. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). 4. Attach copy of written "notice of intent" to file copy of the COMPLAINT REPORT (PD313-152). DESK OFFICER 5. Forward copy of COMPLAINT REPORT with the original "notice of intent" attached to precinct detective squad. RELATED PROCEDURE Voluntary Surrender of Weapons Without Prior Notice (P.G. 207-27) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 207-27 Voluntary Surrender Of Weapons Without Prior Notice Date Effective: 01-01-00 PURPOSE To encourage and record the voluntary surrender of dangerous weapons. PROCEDURE When a person appears at a Department facility to surrender a dangerous weapon without having given prior notice: DESK OFFICER 1. Request identification. 2. Make Command Log entry, including person's name and address, description of the weapon and other circumstances. COMMAND CLERK Prepare COMPLAINT REPORT WORKSHEET (PD313-152A), PROPERTY CLERK'S INVOICE (PD521-141) and other appropriate forms. a. If weapon is a firearm, also prepare REQUEST FOR LABORATORY EXAMINATION (PD521161). DESK OFFICER 4. Summon precinct detective squad member to take charge of the weapon and the person surrendering. FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) PROPERTY CLERK'S INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION (PD521-161) P.G. 207-28 Of Complaints Occurring Within The New York City Transit System Date Effective: 01-01-00 PURPOSE To assist members of the service in the proper preparation and forwarding of COMPLAINT REPORT WORKSHEETS (PD313-152a) pertaining to complaints under the jurisdiction of the N.Y.P.D. Transit Bureau. PROCEDURE When assigned to prepare a COMPLAINT REPORT WORKSHEET involving complaints alleged to have occurred under the jurisdiction of the Transit Bureau: MEMBER OF THE SERVICE 1. Interview complainant thoroughly to ascertain: a. "Type of Location" and applicable "Jurisdiction Code." NOTE: "Jurisdiction Code" refers to the bureau, division or agency having primary patrol responsibility over the specific location of occurrence. (See "ADDITIONAL DATA"). 2. Comply with the following for complaints that are under the jurisdiction of the Transit Bureau (i.e., New York City subway or elevated train lines): a. Enter the word "NYC Transit Subway" in the "Type of Location (specific)" caption of the COMPLAINT REPORT WORKSHEET b. Enter "01" as the jurisdiction code (meaning Transit Bureau) in Box 1 entitled "Jurisdiction" c. Enter the name of the train station of occurrence and the train line(s) that run at the location of incident in the "Address/Location of Occurrence" caption of the COMPLAINT REPORT WORKSHEET. i. Examples: 86 Street Station - "1, 9" lines Parsons Blvd. Station - "F" line High St. Station - "A, C" lines. NOTE: To identify the appropriate "Location of Occurrence" for incidents occurring on a moving train, the incident will be recorded as occurring at the next (very first) station where the train stops regardless of precinct or patrol borough boundaries. d. Fully describe the incident and reconstruct the elements of the offense(s) if any ,and in addition, record the following information in the "Details" section of the COMPLAINT REPORT WORKSHEET: i. Time of victim's entry into the transit system ii. Station of entry into the transit system iii. Specific incident location in the transit system, e.g., train platform, mezzanine, booth, elevator, passageway, ramp, stairway, street stairway, escalator, etc. (a)If incident occurred on the train, indicate direction of travel (northbound/southbound/Manhattan bound, etc.), train line (letter or number) and train car location (indicate car number or location of car as front, middle, rear of train) if known Examples: Northbound "4" train, car #944 Southbound "R" train, rear car (b)If incident occurred on a N.Y.C. Transit System stairway, street stairway, passageway, ramp, escalator or booth, indicate the common N.Y.C. Transit System marking visibly posted or painted upon the location, if known Examples: S-3 (Street stairway) M-4 (Mezzanine stairway) iv. Method of escape, i.e., onto tracks, into tunnel, street, etc. v. Total value of property damaged - in criminal mischief cases vi. NOTIFICATIONS - include the rank, name, shield number and command of members notified from units within the Department, i.e., Borough Transit Detective Squad, Precinct Detective Squad/RAM, Missing Persons Squad, Transit Bureau Wheel, etc.) PRECINCT/PSA DESK OFFICER 3. Verify that required notifications and proper referral of active cases have been made. 4. Review COMPLAINT REPORT WORKSHEET and make certain that necessary captions are completed and required information is provided in the "Details" section of the report. 5. Sign COMPLAINT REPORT WORKSHEET, upon verification that information is accurate and complete. 6. Give COMPLAINT REPORT WORKSHEET to command clerk for entry into the On-Line Complaint System (OLCS), as appropriate. 7. Direct command clerk to IMMEDIATELY FAX the COMPLAINT REPORT WORKSHEET to the desk officer, transit district of record so that the district concerned may take appropriate supplemental action, as necessary. a. Have command clerk telephone the district concerned to ensure receipt of FAXED report. NOTE: If command's FAX machine is inoperable for any reason, the details of the COMPLAINT REPORT WORKSHEET MUST be telephoned to the desk officer, transit district of record. The desk officer, transit district of record shall ensure that the telephoned details are recorded on a COMPLAINT REPORT WORKSHEET. 8. Have command clerk enter the transit district of record and the title/rank, name of the district member receiving the report in the "Details" section of the COMPLAINT REPORT WORKSHEET. 9. Retain COMPLAINT REPORT WORKSHEET in command file. 10. Ensure that those members of the service assigned to the operation of the On-Line Complaint System (OLCS) enter the required transit - related information and correct jurisdiction code in the appropriate fields PRIOR TO FINALIZATION (i.e., "sign off") of the On-Line Complaint. ADDITIONAL DATA All members of the service are reminded that a clear distinction exists between the "Jurisdiction" code and the "Reporting Agency" code listed on a COMPLAINT REPORT WORKSHEET/COMPLAINT REPORT FOLLOW-UP (PD313-081a). The "Jurisdiction" code refers to the bureau, division or agency having the primary patrol responsibility over the location of occurrence. The Transit Bureau (Jurisdiction code "01") has primary responsibility to patrol the New York City subway, subway stations and elevated train lines and the Transit Bureau District offices only. Accordingly, complaints not under the jurisdiction of the NYPD Transit Bureau shall NOT be classified as "01" (Transit Bureau). Some stairways, street stairways, passageways and ramps are the property of other transportation facilities such as the LIRR (code "06), PATH (code "03"), AMTRAK (code "07"), or Metro-North (code "15"). Complaints alleged to have occurred at these locations are considered off the NYC Transit System and the appropriate jurisdiction code MUST be entered by the member of the service preparing a COMPLAINT REPORT WORKSHEET/COMPLAINT REPORT FOLLOW-UP. The Pattern Identification Module (PIM) Transit Bureau Liaison assigned to each Patrol Services Bureau Borough command will thoroughly review all complaints, regardless of jurisdictional code, to ensure that all transit-related crimes have been reported to the appropriate transit district of record. The "Reporting Agency" code refers to the specific assignment of the member of the service who is preparing the COMPLAINT REPORT WORKSHEET/COMPLAINT REPORT FOLLOW-UP or who effected the recorded arrest, as follows: Code "00" NYPD MOS (not assigned to Transit Bureau or Housing Bureau) Code "01" NYPD Transit Bureau MOS Code "02" NYPD Housing Bureau MOS Codes "03 through 15" Other Agency Officers RELATED PROCEDURES Follow-Up Investigations Of Complaints Already Recorded (P.G. 207-09) FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD 313-152a) COMPLAINT REPORT FOLLOW-UP (PD 313-081) P.G. 207-29 Field Reports Date Effective: 01-01-00 PURPOSE To investigate, take corrective action and record non-criminal conditions occurring on N.Y.C. Housing Authority locations. SCOPE FIELD REPORT (PD313-1511) will be used to record the following non-criminal conditions occurring on N.Y.C. Housing Authority locations: a. Playing in prohibited areas b. Noise complaints c. Other breaches of Housing Authority Rules and Regulations d. Follow-up dispositions e. Repairs f. Damage, accidental g. Damage, non-criminal h. Damage, cause unknown i. Lingering j. Complaint unclassified k. Abandoned and derelict vehicles l. Resident disputes m. Fire, non-suspicious n. Other conditions as specified by appropriate Patrol Guide procedures. PROCEDURE When becoming aware of any of the above non-criminal conditions occurring on N.Y.C. Housing Authority locations: UNIFORMED MEMBER OF THE SERVICE 1. Take appropriate police action. 2. Make a complete and accurate ACTIVITY LOG (PD112-145) entry. 3. Prepare FIELD REPORT and deliver to police service area desk officer. a. Obtain and enter serial number assigned in ACTIVITY LOG. b. Telephone details to police service area clerk for preparation of FIELD REPORT, if assigned to foot patrol or delivery of FIELD REPORT is not practical. (1) Sign FIELD REPORT at end of tour, if possible. COMMAND CLERK 4. Enter reported condition on INCIDENT INDEX - ON DEVELOPMENT (NYCHA 080.105). a. Assign the next serial number and have serial number entered on FIELD REPORT. 5. Submit completed FIELD REPORTS to police service area desk officer. PSA DESK OFFICER 6. Review FIELD REPORTS for completeness and accuracy. a. Ensure that necessary captions are completed and sign. 7. Distribute copies of FIELD REPORTS, as follows: a. Original - Police Service Area of occurrence. b. 1st copy - Housing Authority Development Manager, during second platoon, next business day. c. 2nd copy - Reporting officer. ADDITIONAL DATA Uniformed members of the service not assigned to police service area commands, that prepare a FIELD REPORT, must contact the police service area of occurrence by telephone and request a FIELD REPORT serial number from the command clerk. Once the FIELD REPORT has been fully prepared, numbered, and signed by the desk officer, the FIELD REPORT will be forwarded direct to the police service area of occurrence, via Department mail. FORMS AND REPORTS ACTIVITY LOG (PD112-145) FIELD REPORT (PD313-1511) INCIDENT INDEX - ON DEVELOPMENT (NYCHA 080.105) P.G. 207-30 Civilian Complaints - Witness Statement Date Effective: 01-01-00 PURPOSE To record and process statements of witnesses to incidents from which a civilian complaint arises. PROCEDURE When a person is present in a Department facility and wishes to make a statement as a witness to an incident involving a civilian complaint: MEMBER OF THE SERVICE 1. Interview witness. 2. Provide witness with first (1st) copy of CIVILIAN COMPLAINT REPORT (PD313-154) to be prepared in witness's own handwriting. 3. Prepare CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) (PD313-154B) and include the following under caption "Additional Comments:" a. If witness is apparently under the influence of an intoxicant or drug. b. If witness is apparently suffering from a mental disorder or evidences any condition bearing on his/her credibility. c. Physical condition of witness, noting any visible marks or injuries relative to the complaint. 4. Have four (4) typewritten copies of CIVILIAN COMPLAINT REPORT and two (2) typewritten copies of CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) prepared. a. Enter same serial number on witness statement as is assigned to the related civilian complaint. 5. Have witness sign copies of CIVILIAN COMPLAINT REPORT, under caption "Complainant's Signature" (cross out "Complainant" and insert "Witness"). NOTE: The witness is NOT to sign the CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). 6. Review and sign all copies of the CIVILIAN COMPLAINT REPORT and the CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). 7. Give one (1) typewritten copy of CIVILIAN COMPLAINT REPORT, marked "Complainant Copy," to the witness as a receipt. NOTE: DO NOT GIVE WITNESS A COPY OF THE CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). 8. Attach one (1) copy of witness's statement to each related copy of civilian complaint. 9. Process in accordance with P.G. 207-31, "Processing Civilian Complaints." ADDITIONAL DATA If witness appears at command after CIVILIAN COMPLAINT REPORT has been forwarded or at a command, other than where the original complaint was lodged, the desk officer/supervisor will comply with all procedures listed above. In addition, the desk officer/supervisor will telephone the Civilian Complaint Review Board, Intake Unit, to obtain the assigned Civilian Complaint Review Board or Chief of Department serial number. The assigned serial number must be entered on both the CIVILIAN COMPLAINT REPORT and the CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). RELATED PROCEDURES Processing Civilian Complaints (P.G. 207-31) Allegations of Corruption and Serious Misconduct Against Members of the Service (P.G. 207-21) FORMS AND REPORTS CIVILIAN COMPLAINT REPORT (PD313-154) CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) (PD 313-154B) P.G. 207-31 Processing Civilian Complaints Date Effective: 01-01-00 PURPOSE To record and initiate investigation of complaints from civilians alleging misconduct by uniformed members of the service. SCOPE Complaints against uniformed members of the service may be made at any patrol precinct, police service area, transit district, traffic unit, Internal Affairs Bureau, or any other office of the Department, including the Office of the Police Commissioner or office of a deputy commissioner. DEFINITIONS INVESTIGATING SUPERVISOR - for the purpose of this procedure will be: a. In a patrol command - the Platoon Commander, Special Operations Lieutenant, or Integrity Control Officer of the command receiving the complaint will conduct investigation. (1) If the Platoon Commander, Special Operations Lieutenant, or the Integrity Control Officer is unavailable, the commanding officer/duty captain will assume charge of the preliminary investigation. b. In other than a patrol command - a supervisor or duty captain from the next higher command will perform the investigation. SUPERVISOR REVIEWING CIVILIAN COMPLAINT - Supervising member of the service who reviews a CIVILIAN COMPLAINT REPORT (PD313-154) prepared by a subordinate member. The reviewer must be at least one rank higher than the member receiving the CIVILIAN COMPLAINT REPORT. PROCEDURE Upon receipt of a complaint from a civilian alleging misconduct by a uniformed member of the service: MEMBER OF THE SERVICE RECEIVING COMPLAINT 1. Report all misconduct complaints (see exceptions in following "NOTE") including unnecessary use of force, abuse of authority, discourtesy, offensive language, etc., to Civilian Complaint Review Board, Intake Unit at 1-800-341-2272 (24 hours). NOTE: Complaints of corruption or serious misconduct not within the jurisdiction of the Civilian Complaint Review Board will be referred to the Internal Affairs Bureau Command Center (see P.G. 207-21, "Allegations of Corruption and Serious Misconduct Against Members of the Service"). 2. Process complaints as follows: a. MADE IN PERSON (1) Interview complainant. (2) Give complainant first (1st) copy of CIVILIAN COMPLAINT REPORT (PD313-154) to be prepared in complainant's own handwriting. (3) Furnish assistance or allow other person to assist in preparing the form. Enter under "Details" reason assistance was given. (4) Have complainant sign form under appropriate caption and have representative or person assisting, if any, sign form under caption "Details." b. RECEIVED BY MAIL (1) Attach original letter of complaint to first (1st) copy of CIVILIAN COMPLAINT REPORT ordinarily prepared by civilian complainant. (2) Make photocopy of original letter of complaint and attach to file copy of CIVILIAN COMPLAINT REPORT. (3) Enter Civilian Complaint Review Board or Chief of Department serial number, as appropriate, in a conspicuous location at the top of original letter of complaint. c. RECEIVED BY TELEPHONE (1) Prepare first (1st) copy of CIVILIAN COMPLAINT REPORT in own handwriting and treat as if prepared by complainant. All captions are to be completed. If requested information is not given, indicate such in appropriate captions on REPORT. (2) Advise complainant he/she will receive a written acknowledgement from the Civilian Complaint Review Board. d. IN PERSON (DOES NOT WANT TO IMMEDIATELY MAKE COMPLAINT) - When a complainant is present in any police facility and does not want to immediately make a complaint or furnish the member of the service receiving the complaint with details of the incident: (1) PROVIDE the complainant with the first (1st) copy of CIVILIAN COMPLAINT REPORT. (2) Advise complainant that the complaint may be delivered in person, taken over the telephone, or sent by mail to any patrol precinct, police service area, transit district, traffic unit, Internal Affairs Bureau, or any other office of the Department, including the Office of the Police Commissioner or office of a deputy commissioner. IN ADDITION, provide the complainant with the telephone number of the Civilian Complaint Review Board, Intake Unit at 1- 800-341-2272 (24 hours). (3) When a member of the service receives a request for a CIVILIAN COMPLAINT REPORT, the desk officer/supervisor will be advised and a Command Log entry will immediately be made and shall include the name of the complainant, if provided, physical description, e.g., sex, race, age and any other pertinent information. NOTE: To prevent an interruption or delay in vital services, the telephone switchboard operator will refer an allegation of misconduct to the desk officer who will record pertinent details of the allegation. 3. Prepare CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) (PD313-154B) and include the following under the caption "Additional Comments:" a. If complainant is apparently under the influence of an intoxicant or drug. b. If complainant is apparently suffering from a mental disorder or evidences any condition bearing on his/her credibility. c. Physical condition of complainant, noting any visible marks or injuries relative to the complaint. (1) Take photograph of area of body that was reportedly injured, when possible, with complainant's consent. 4. Inform Civilian Complaint Review Board, Intake Unit, immediately by telephone 1800- 341-2272 (24 hours) of: a. Summary of alleged misconduct. b. Time complainant arrived, or letter or call received. c. Name and address of complainant. Indicate if anonymous, transient or homeless. d. Rank, name, shield number and command of member complained of, if known. e. Reporting command. f. Name, rank, and command of member transmitting information. [REV 03-01] NOTE: A Follow-up notification to the Internal Affairs Bureau Command Center at (212) 741-8401, will also be made to obtain an Internal Affairs Bureau log number. Indicate that number on the top of the CIVILIAN COMPLAINT REPORT, under the caption I.A.B. LOG #. 5. Obtain Civilian Complaint Review Board or Chief of Department serial number and time recorded from Civilian Complaint Review Board, Intake Unit, and enter on CIVILIAN COMPLAINT REPORT. 6. Request complainant and/or witnesses to remain if: a. Requested by Civilian Complaint Review Board, Intake Unit, pending telephone and/or in person interview by investigator to clarify complaint allegation(s), etc. b. Complaint has been assigned a Chief of Department serial number and the complainant is a transient or homeless. 7. Notify Investigating Supervisor to initiate investigation of alleged complaint(s) if: a. Doubt exists as to the identity of the member of the service against whom the complaint is being lodged, OR b. Complaint has been assigned a Chief of Department serial number and the complainant is a transient or homeless. 8. Have four (4) typewritten copies of CIVILIAN COMPLAINT REPORT and two (2) typewritten copies of CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) prepared. 9. Review and sign all copies of CIVILIAN COMPLAINT REPORT and CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). 10. Give one (1) typewritten copy of CIVILIAN COMPLAINT REPORT, marked "Complainant Copy," to the complainant as a receipt. NOTE: DO NOT GIVE COMPLAINANT A COPY OF THE CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). 11. Have a Command Log entry made consisting of the following information: a. Name and address of complainant. b. Time of complainant's arrival and departure or time of receipt of letter or telephone call. c. Physical condition of complainant, noting any visible marks or injuries relative to the complaint. d. Identity of member complained of, if known. e. Civilian Complaint Review Board or Chief of Department serial number assigned. 12. Have two (2) copies of Typed Letterhead prepared in a command not maintaining a Command Log, addressed to the commanding officer, and containing the information described in step 11. INVESTIGATING SUPERVISOR 13. Initiate investigation as indicated in step 7 above. 14. Notify the Civilian Complaint Review Board, Intake Unit at (800) 341-2272 (24 hours) of the results of the investigation. 15. Record the results of the investigation on the CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY WORKSHEET) under the caption "Additional Comments" and return to the member of the service receiving complaint for distribution. 16. Record results of investigation in Command Log. a. Commands not maintaining a Command Log will record the results of the investigation as per step 12 above. 17. Notify the commanding officer/duty captain if unable to ascertain the identity of the member against whom the complaint is being lodged. SUPERVISOR REVIEWING CIVILIAN COMPLAINT REPORT 18. Review CIVILIAN COMPLAINT REPORT prepared by member of the service receiving complaint. a. If a civilian complaint is made in person or by telephone and it involves member(s) of the reporting command, ensure that all related Department documents are included with the REPORT (See NOTE following step 20). b. Complete following captions: "Title, Tax Registry Number and Signature of Reviewing Supervisor, Name Printed, and Date". c. Submit entire package to commanding officer. COMMANDING OFFICER OF MEMBER RECEIVING COMPLAINT 19. Endorse and forward original Typed Letterhead to next higher command maintaining a Command Log. a. Have duplicate filed. 20. Distribute copies of CIVILIAN COMPLAINT REPORT and CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) as follows: a. Complaints within Civilian Complaint Review Board jurisdiction: (1) Forward original typewritten CIVILIAN COMPLAINT REPORT, handwritten complaint and "Investigating Entity" copy of the STATISTICAL SUMMARY SHEET, with photograph, if taken, to Internal Affairs Bureau, Civilian Complaint Review Board Liaison, in a sealed envelope, DIRECT (2) Distribute remaining copies of CIVILIAN COMPLAINT REPORT and STATISTICAL SUMMARY SHEET as indicated at bottom of each form. b. Complaints within the Chief of Department jurisdiction: (1) Forward original typewritten CIVILIAN COMPLAINT REPORT, handwritten complaint and "Investigating Entity" copy of the STATISTICAL SUMMARY SHEET, to Investigation Review Section, Office of the Chief of Department, in a sealed envelope, DIRECT. (2) Distribute remaining copies of CIVILIAN COMPLAINT REPORT and STATISTICAL SUMMARY SHEET as indicated at bottom of each form. NOTE: When a complaint is made in person or by telephone and involves a member of the service assigned to the reporting command, attach to the CIVILIAN COMPLAINT REPORT (PD313-154): a. All department related documents, e.g., COMPLAINT REPORT WORKSHEET (PD313152A), command log entries, ACTIVITY LOG (PD112- 145) entries, SPRINT record, ROLL CALL (PD406-144), etc. The completed package will then be forwarded to the Internal Affairs Bureau, Civilian Complaint Review Board Liaison Unit in Department mail. Department records will not be forwarded direct to the Civilian Complaint Review Board. ADDITIONAL DATA Complaints made against uniformed members of the service involving unnecessary use of force, abuse of authority, discourtesy or offensive language will be directed to the Civilian Complaint Review Board, Intake Unit, and be assigned a Civilian Complaint Review Board serial number. Additionally, complaints against uniformed members alleging other acts of misconduct, i.e., fail to properly perform duty, unwarranted traffic summons, etc., will be directed to the Civilian Complaint Review Board, Intake Unit, and be assigned a Chief of Department serial number. Complaints made against civilian members of the service, including traffic enforcement agents, which would normally be within the jurisdiction of the Civilian Complaint Review Board (i.e., unnecessary use of force, abuse of authority, discourtesy, or offensive language), will be directed to the Internal Affairs Bureau for screening at (212) 741-8401, 8402, 8403 or 8404. One (1) typewritten copy of the CIVILIAN COMPLAINT REPORT will be given to the complainant as a receipt. The handwritten copy and the "Investigating Entity" copy of the CIVILIAN COMPLAINT REPORT and the "Investigating Entity" copy of the STATISTICAL SUMMARY SHEET will be forwarded to the Internal Affairs Bureau direct in a sealed envelope. The remaining copies of the CIVILIAN COMPLAINT REPORT and STATISTICAL SUMMARY SHEET will be distributed as indicated at the bottom of each form. It should be noted that NO portion of either the CIVILIAN COMPLAINT REPORT or the STATISTICAL SUMMARY SHEET is to be forwarded to the Civilian Complaint Review Board for complaints made against civilian members of the service. Steps 1, 4, 5 and 19 of this procedure do not apply to complaints involving civilian members of the service. Complaints alleging corruption or serious misconduct against any uniformed or civilian member of the service, including traffic enforcement agents, will be directed to the Internal Affairs Bureau Command Center (see P.G. 207-21, "Allegations Of Corruption And Serious Misconduct Against Members Of The Service"). If a civilian complaint originates at a precinct stationhouse/transit district/PSA and is the result of a radio run within the last twenty-four (24) hours, the member of the service receiving the complaint will attach a copy of the "SPRINT" printout to the CIVILIAN COMPLAINT REPORT, prior to forwarding the paperwork to the Internal Affairs Bureau or the Investigation Review Section, Office of the Chief of Department. Any request for Department records made by representatives of the Civilian Complaint Review Board will be referred to the Internal Affairs Bureau, Civilian Complaint Review Board Liaison, for necessary attention. Department records will not be forwarded direct to the Civilian Complaint Review Board. Complaints against federal, state, or city employees, other than members of the New York City Police Department, involving allegations of corruption or serious misconduct, will be processed in accordance with P.G. 207-22, "Allegations of Corruption Against City Employees (Other than Members of the NYPD)." Any other complaint will be processed in accordance with P.G. 207-01, "Complaint Reporting System." A complainant seeking to register a complaint, which does not affect this Department or a federal, state, or city agency as described above, will be referred to the nongovernmental entity concerned. The desk officer will explain the reason for the referral to the complainant, and will assist the complainant in lodging the complaint in any way possible with the proper agency. A member of the service may prefer a civilian complaint against another member of the service. Investigation of such complaint will be conducted by the commanding officer(s) assigned by the Commanding Officer, Investigation Review Section, Office of the Chief of Department. Whenever a member of the service is a victim of disparaging remarks relative to his/her ethnicity, race, religion, gender, or sexual orientation, made by another member of the service, he/she may register a complaint with the Civilian Complaint Review Board. The Civilian Complaint Review Board will record the complaint and forward a summary of the allegation to the Deputy Commissioner - Equal Employment Opportunity for investigation. The commanding officer of the member complained of will receive a copy of the CIVILIAN COMPLAINT REPORT from the Office of Equal Employment Opportunity. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Civilian Complaint - Witness Statement (P.G. 207-30) Allegations of Corruption and Serious Misconduct Against Members of the Service (P.G. 207-21) Allegations of Corruption Against City Employees (Other Than Members of the New York City Police Department) (P.G. 207-22) FORMS AND REPORTS CIVILIAN COMPLAINT REPORT (PD313-154) CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) (PD313-154B) Typed Letterhead P.G. 207-32 Investigation Of Carjackings Date Effective: 01-01-00 PURPOSE To investigate, refer, and analyze complaints of robberies involving or including the larceny of an automobile. PROCEDURE When assigned to investigate a complaint of any crime which involves or includes the forcible theft of an automobile: UNIFORMED MEMBER OF THE SERVICE 1. Interview complainant and witnesses, obtain facts, and safeguard evidence. 2. Conduct field investigation. a. Transmit alarm b. Detain witnesses, where necessary. 3. Take immediate summary action, if possible. 4. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). 5. Notify the precinct detective squad/Robbery Apprehension Module (RAM). 6. Refer complaint requiring further investigation, except cases closed by arrest, to: a. Precinct Detective Squad (PDS), OR b. Precinct Robbery Apprehension Module (RAM) OR c. Special Victims Squad (SVS). 7. Notify desk officer upon completion of investigation and deliver COMPLAINT REPORT WORKSHEET as soon as possible. DESK OFFICER 8. Direct stationhouse clerk to enter complaint into the On Line Complaint System (OLCS). 9. Verify that alarm has been transmitted and that required notifications and proper referral of complaint have been made. 10. Review the complaint in OLCS and compare to WORKSHEET. 11. Ensure that a copy of the OLCS Complaint Report is forwarded to the Precinct Detective Squad, Precinct Robbery Apprehension Module or Special Victims Squad, as appropriate. ASSIGNED RAM/PDS/SVS INVESTIGATOR 12. Conduct initial interview of complainant and witnesses. a. Canvass vicinity of crime scene, if necessary, to locate witnesses b. Evaluate available evidence c. Prepare COMPLAINT FOLLOW-UP INFORMATIONAL(s) (PD313-081A), recording results of interview(s) and other investigative steps taken. 13. Identify and arrest perpetrator(s). 14. Analyze complaint information and compare to other available complaint and recovery data from Computer Assisted Robbery System (CARS) Unit and Alarm Board. a. Determine if case is part of a pattern of organized robberies b. Determine if autos are being exported, tagged or resold for parts, if part of a pattern. ASSIGNED RAM/PDS/SVS SUPERVISOR/BOROUGH ROBBERY SQUAD INVESTIGATOR 15. Refer case, if determined to be part of a pattern, to appropriate borough robbery squad for further investigation and notify patrol and detective borough command of pattern information. 16. Investigate assigned case and pattern and: a. Identify and arrest perpetrator(s) b. Conduct lineups NOTE: If a minor (under eighteen [18] years of age) is to be used as a non-suspect participant in a lineup, ensure that CONSENT FORM - NON-SUSPECT MINOR (PD377-030) is/has been prepared and signed by the parent/legal guardian of the minor prior to lineup. c. Execute search warrant(s) d. Examine and identify recovered vehicle(s). ADDITIONAL DATA Whenever the offense of robbery of an automobile occurs in connection with another more serious offense (e.g., homicide, sex offenses, kidnapping) the complaint will be referred to the investigatory unit normally responsible for conducting the investigation of that more serious offense (e.g., borough Special Victims Squad, Major Case Squad). FORMS AND REPORTS COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-018A) COMPLAINT REPORT WORKSHEET (PD313-152A)) CONSENT FORM - NON-SUSPECT MINOR (PD377-030) P.G. 207-33 Recording Enforcement Complaints Date Effective: 01-01-00 PURPOSE To clarify the boundaries within which police service area/transit district/precinct commands will record enforcement incidents as being "ON-DEVELOPMENT" or within the jurisdiction of the New York City Housing Authority. DEFINITIONS ENFORCEMENT INITIATIVE - For the purpose of this procedure, is considered to be: a. A complaint as defined in P.G. 207-01, "Complaint Reporting System," OR b. An arrest as defined in P.G. 208-03, "Arrests General Processing," OR c. A summons as defined in P.G. 209-01, "Summons Condition of Service" or Environmental Control Board Notice of Violation as described in P.G. 209-12, "ECB Notice of Violation and Hearing - General Procedure," OR d. Any situation which requires the preparation of a JUVENILE REPORT (PD377-151) or a YOUTH REFERRAL (PD377-153). ON-DEVELOPMENT - An "enforcement incident" will be classified "ON-DEVELOPMENT" if it occurred at any of the following locations: a. All New York City Housing Authority buildings, apartments, managers' offices, maintenance areas, storage rooms, etc. b. All walkways, grounds, parking areas and development driveways located within New York City Housing Authority developments. c. Stores, laundries, community centers, childcare centers, senior citizen centers, health stations, etc., which operate within New York City Housing Authority buildings. d. From the center line of streets which are contiguous to New York City Housing Authority grounds inward toward New York City Housing Authority buildings. e. Entire city streets where Housing Authority developments are located on both sides of the street. For those city streets where Housing Authority developments are immediately adjacent to privately owned residences, commercial establishments, etc., then only the length of the Housing Authority development, from the center line of the street to the Housing Authority development building line, will be considered an onproject enforcement incident. f. New York City Parks Department areas and playgrounds within or immediately adjacent to New York City Housing Authority grounds. g. New York City Board of Education playgrounds within or immediately adjacent to New York City Housing Authority grounds. h. Piers or bulkheads immediately adjacent to New York City Housing Authority grounds. OFF-DEVELOPMENT - For the purpose of this procedure, is an "enforcement incident" which occurs at a location not listed above. NOTE: When an "enforcement incident" begins "off-development" but ends "ondevelopment," or vice versa, the jurisdictional determinant will be the location where the incident originally started. PROCEDURE When an "enforcement incident" is determined to be "on-development" or having occurred within the jurisdiction of the New York City Housing Authority: MEMBER OF THE SERVICE 1. Ensure that the Housing Authority jurisdiction code "02" is entered, in the appropriate captions on COMPLAINT REPORTS (PD313-152), ON LINE BOOKING SYSTEM ARREST WORKSHEETS (PD244-159), and other appropriate reports prepared, for enforcement incidents occurring on Housing Authority locations. a. Data entries into the On Line Complaint and On Line Booking Systems of such enforcement incidents will include the Housing Authority jurisdiction code "02," if applicable. PRECINCT/DISTRICT COMMANDERS 2. Ensure that respective police service area commanders are informed of all complaints and enforcement activity occurring on Housing Authority locations which were recorded by other than Housing Bureau personnel. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Summons - Condition of Service (P.G. 209-01) Environmental Control Board (ECB) Notice of Violation and Hearing - General Procedure (P.G. 209-12) Arrests - General (P.G. 208-02) Juvenile Report (P.G. 215-08) FORMS AND REPORTS COMPLAINT REPORTS (PD313-152) JUVENILE REPORT (PD377-151) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) YOUTH REFERRAL (PD377-153) Arrests P.G. 208-01 Law Of Arrest Date Effective: 01-01-00 PURPOSE To specify the conditions under which a uniformed member of the service may make an arrest. PROCEDURE Arrest with warrant: 1. When the warrant is addressed to a uniformed member of the service or to the Department of which he is a member, and, a. Warrant issued by: (1) New York City Criminal Court, or (2) District court, or (3) Superior court judge sitting on lower criminal court. Arrest at anytime, and anywhere within the State, or b. Warrant issued by: (1) City court, or (2) Town court, or (3) Village court. Arrest at anytime within the county of court of issuance, or within adjoining county. 2. When delegated by a police officer to whom warrant is addressed and: a. Warrant may be legally executed as indicated above, and within arresting officer's territorial jurisdiction, or b. The defendant is in a county other than one in which warrant is returnable. 3. Arrest without a warrant: a. For an offense when reasonable cause to believe offense committed in his presence, or b. For a crime (within presence or not) and reasonable cause exists that arrested person committed the crime. c. For a petty offense in his presence (violations and traffic infractions) and: (1) It is believed to have been committed within arresting officer's geographical area of employment, and (2) The arrest is made in the county of occurrence or an adjoining county. ADDITIONAL DATA In close pursuit cases relating to petty offenses or traffic infractions, a police officer may pursue to any part of the State and make an arrest or issue a summons, if authorized by law to do so in his own geographical area of employment. In close pursuit cases relating to crimes, police officer may pursue outside State to effect the arrest. RELATED PROCEDURE Arrest On A Warrant (P.G. 208-42) P.G. 208-02 Arrests - Removal To Department Facility For Processing Date Effective: 02-28-01 FACILITY FOR PROCESSING PURPOSE To process arrests. SCOPE Uniformed members of the service who have effected an arrest will have the arrest verified by their supervisor, if available, prior to removing the prisoner to the appropriate authorized command/designated arrest facility which has jurisdiction over the arrest. The desk officer will be requested to verify any arrests which were not verified at the scene of arrest. DEFINITIONS ARREST- Taking a person into custody to answer for an offense. PICK-UP ARREST - An arrest for an offense or juvenile delinquency not previously reported. NOTE: Whenever a person who is about to be arrested is acting irrationally or violently resists arrest, AND poses no immediate physical threat to himself or others, AND is in a confined area (e.g., detention cell, automobile, etc.), the uniformed member of the service on the scene will immediately request the response of the patrol supervisor and the Emergency Service Unit. The member will attempt to isolate and contain the suspect and will institute emotionally disturbed person procedures contained in P.G. 216-05, "Mentally Ill Or Emotionally Disturbed Persons." If the confined area is an automobile, it will be rendered immobile by blocking it in with one (1) or more RMPs. Once in police custody, the subject will be removed to a hospital for examination. This procedure will not apply in situations where the uniformed members of the service on the scene believe the subject to be armed. PROCEDURE When a uniformed member of the service effects an arrest: ARRESTING OFFICER 1. Inform prisoner of authority and cause, unless physical resistance, flight or other factors render such procedure impractical. 2. Handcuff prisoner with hands behind back. 3. Remove prisoner to precinct of arrest/designated arrest facility and inform desk officer of charge(s). a. Juvenile delinquents/juvenile offenders will be taken to the location in the stationhouse SPECIFICALLY DESIGNATED as suitable for the interrogation of juveniles. NOTE: A list of locations approved for the interrogation of juveniles is maintained in the Command Reference Library. 4. Notify desk officer if force was used to effect the arrest. 5. Immediately complete all captions on PRISONER PEDIGREE CARD (PD244-092) upon arrival at command and present to desk officer. [I.O. 53 s 03] 6. Remain with prisoner at all times unless relieved by arrest processing officer. DESK OFFICER 7. Have arresting officer complete all captions on PRISONER PEDIGREE CARD and immediately transpose the information from the CARD into the Command Log to initiate arrest process. a. File each CARD for EVERY prisoner by date and time of arrival at command. 8. Enter in Command Log, Interrupted Patrol Log and on ROLL CALL (PD406-144), if appropriate, the rank, name, shield number and command of the arresting officer, assisting officer, if any, and the time of arrival at the stationhouse. 9. Determine validity of the arrest. a. Comply with the provisions of P.G. 210-13, "Release Of Prisoners-General Procedure" if arrest is NOT valid. 10. Direct arresting officer to make a thorough search of the prisoner in your presence. 11. Verify prisoner's identity by satisfactory documentary proof, preferably government issued identification. NOTE: When attempting to ascertain a prisoner's identity, the uniformed member of the service concerned should inform the prisoner that knowingly misrepresenting his or her actual name, date of birth, or address, to a police officer, with intent to prevent a police officer from ascertaining such information, is punishable as a crime. Prisoners who knowingly misrepresent their pedigree information should be charged under Penal Law 190.23 (False Personation, B Misd.). 12. Count prisoner's funds, record the amount in the Command Log, and return funds to prisoner. a. Direct arresting officer to voucher currency in excess of $100 for safekeeping if prisoner is not eligible for a DESK APPEARANCE TICKET (PD260-122). b. Enter amount retained by prisoner and the PROPERTY CLERK'S INVOICE (PD521-141) number in Command Log. 13. Direct arresting officer to remove prisoner to arrest processing area, or location in the stationhouse SPECIFICALLY DESIGNATED as suitable for the interrogation of juveniles. 14. Direct arrest processing officer to assist arresting officer. NOTE: Only arrest processing officers, if available, should operate the Livescan equipment. ARRESTING OFFICER 15. Comply with the provisions of P.G. 208-15, "Preparation Of Arrest Related Documents At The Stationhouse." DESK OFFICER [I.O. 53 s 03] 16. Direct arresting officer to remain with prisoner at all times unless relieved by arrest processing officer. 17. Ensure that arresting officer signs affidavit/supporting deposition, as appropriate, before resuming assignment or completing tour. [I.O. 53 s 03] NOTE: Desk officers will be held STRICTLY ACCOUNTABLE for prisoners while in the command and will ensure that the prisoner is guarded AT ALL TIMES by a uniformed member of the service. [I.O. 22 s 04] NOTE: If a prisoner is placed in a cell alone because he/she threatens or fights with another prisoner(s), is causing disruption, or for any other reason, ensure that a member of the service will continue to monitor that prisoner closely. RELATED PROCEDURES Arrest - General Processing (P.G. 208-03) Arrest Report Preparation At Stationhouse (P.G. 208-15) Processing Arrests Effected By Housing Bureau Personnel At Precinct Stationhouses (P.G. 208-18) Processing Arrests Effected By Transit Bureau Personnel At Precinct Stationhouses (P.G. 208-19) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK'S INVOICE (PD521-141) ROLL CALL (PD406-144) PRISONER PEDIGREE CARD (PD244-092) P.G. 208-03 Arrests - General Processing Date Effective: 01-01-00 PROCEDURE After arrest has been effected and prisoner has been handcuffed: NOTE: When a prisoner has surrendered at a law enforcement facility and is accompanied by an attorney, the uniformed member of the service may request authorization from the immediate supervisor not to use handcuffs, after the supervisor and the member have evaluated the following criteria: a. Potential threat to the officer, prisoner and other persons b. Possibility of the prisoner escaping. As soon as practicable, attempt to discern if the person being arrested has a disability which may affect mobility, speech, hearing, or mental ability. Where possible, attempt to notify a family member or friend who may provide beneficial assistance regarding the prisoner's background information, previous problems, pedigree data, etc,. The arresting/investigating uniformed member of the service shall document all reasonable attempts to notify a relative or friend. ARRESTING OFFICER 1. Immediately field search/frisk prisoner and search adjacent vicinity for weapons, evidence and/or contraband. 2. Advise prisoner of rights before questioning in accordance with P.G. 208-09, "Rights Of Persons Taken Into Custody." a. If a juvenile is taken into custody, parents/guardians will be notified immediately. b. When questioning juvenile, Miranda warnings should be read to the juvenile while the parent/guardian is present. The juvenile may be questioned if he/she waives the Miranda rights in the presence of the parent/guardian. The parent/guardian does not have to separately waive the Miranda rights; they only need to be advised of such rights. However, if the parent/guardian objects to the questioning or requests an attorney for the juvenile, no questioning should occur, even if the juvenile is willing to answer questions. c. Juveniles will not normally be arrested for truancy. If arrested on another charge, truancy (Educational Law Section 3233) may be added as a second charge, if appropriate. In all cases, truants may be frisked or scanned with a metal detector. If safety dictates, truants may be handcuffed. NOTE: When a prisoner and/or parents/guardians of a juvenile do not understand English, or are hearing impaired, the services of an interpreter may be obtained by contacting the Operations Unit. Appropriate Command Log entries will be made when such services are utilized. DESK OFFICER [I.O. 53 s 03] 3. Immediately determine if the prisoner is a high escape risk. a. Prisoners designated "high risk" will have two (2) police officers assigned to escort at all times. [I.O. 53 s 03] NOTE: Determinations as to whether a particular prisoner presents a potential escape risk should be made on a case-by-case basis. Factors that can be considered in making this determination include the seriousness of the offense charged, prisoner unwillingness to identify himself/herself, forcible resistance to arrest, threats of violence and/or escape threats directed at uniformed members of the service, a known history of violence, weapons possession, or escape/attempted escape. 4. Have vehicle or other conveyance NOT REQUIRED AS EVIDENCE safeguarded, if appropriate. 5. Question the arresting officer regarding the use of force, if applicable. [I.O. 53 s 03] 6. Observe physical and mental condition of all prisoners entering command and include results in Command Log. a. Ensure that prisoners who appear to be ill, injured, or emotionally disturbed obtain appropriate medical/psychiatric attention. (See P.G 210-04, "Prisoners Requiring Medical/Psychiatric Treatment") b. Direct arresting officer to notify Health and Hospitals Corporation (HHC) police , or hospital security personnel if no HHC police are assigned to the hospital, whenever a prisoner is brought to their facility for medical treatment. c. Direct arresting officer to notify Health and Hospitals Corporation (HHC) police, or hospital security personnel if no HHC police are assigned to the hospital immediately, if a prisoner escapes from custody at the hospital. d. Have arresting officer request a secured location that can be used for treatment of prisoner, when available, from emergency room staff. NOTE: If the arrest is effected by an off duty uniformed member of the service, the desk officer must notify the commanding officer/duty captain who will respond to the stationhouse to determine the validity of the arrest and have an Unusual Occurrence Report prepared. If the arrest is effected by a member of another police agency, that agency will be notified. 7. Direct arresting officer to make a thorough search of the prisoner in your presence. a. Have female prisoners searched, in all possible privacy, by a female police attendant or female police officer. b. Once a strip search is authorized, (see P.G. 208-05, "Arrests-General Search Guidelines" step one (1), subdivision "C") the desk officer, precinct of occurrence/central booking supervisor will ensure that the following entries are made in Department records: (1) Command Log entry - including the basis for the authorization of the strip search; rank, name and command of the officer requesting the search; name of the prisoner(s); identity of the member of the service performing the search; and, the results of the search, including negative results. (2) The supervisor authorizing such a search will ensure that the statement, "Strip Searched," is written on the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244159) in the "Narrative" section, and that the command and Command Log page number of the entry are included for reference. (3) Direct the arresting officer to prepare an ACTIVITY LOG (PD112-145) entry of the above information. Also, include on the "Prisoner Movement Slip" if prepared, the statement, "Strip Searched," with the command and Command Log page number of the entry in the "Detention Alert" section of the form under the sub-caption, "Other." 8. Direct arresting officer to inquire of prisoner whether a dependent adult/child is uncared for at prisoner's residence. a. Enter results of inquiry in Command Log. 9. Have the following property removed from prisoner: a. Unlawfully carried. b. Required as evidence. c. Lawfully carried, but dangerous to life or would facilitate escape. d. Can be used to deface or damage property. e. Personal, except clothing, if prisoner is intoxicated or unconscious. f. Press Card issued by this Department. (1) Forward card to the Deputy Commissioner - Public Information, with report of facts. g. Auxiliary Police Shield, Civil Defense Shield/Identification Card. (1) Forward report to the Auxiliary Police Section with report of facts. h. Legally possessed prescription drugs (including methadone). (1) Invoice prescription drugs for safekeeping and place in plastic security envelope in prisoner's presence. Give pink copy of PROPERTY CLERK'S INVOICE (PD521141) to the prisoner as a receipt. (2) Prepare MEDICAL TREATMENT OF PRISONER (PD244-150) to alert detention facility personnel that prisoner may require a prescription drug. NOTE: Invoiced drugs will be delivered to the borough Property Clerk in the normal manner. However, if the prisoner is to be released (stationhouse bail, desk appearance ticket, voided arrest, etc.,) the aforementioned drugs will be returned to the prisoner at the stationhouse. i. Pistol License (1) Forward license to the Commanding Officer, License Division, with report of facts. NOTE: When the holder of a pistol license is arrested, the pistol license and firearms(s) will be immediately seized and vouchered if they are: a. On the arrestee's body b. Within the arrestee's area of reach, or c. In plain view of the arresting officer(s) at the time of arrest. If the pistol license and firearm(s) cannot be seized in the manner described above, the arrestee shall be advised that he must surrender said license and firearm(s) pursuant to License Division regulations, and shall be given an opportunity to surrender them voluntarily. If the license and/or firearm(s) cannot be obtained by consent, and there is probable cause to believe that they are in a particular location, a search warrant will be obtained prior to seizure of the license and firearm(s), unless exigent circumstances justify an immediate seizure. The supervisor assigned will make every effort to obtain the firearm(s) and pistol license either by consent or with a search warrant. The license, once obtained, will be forwarded with a report, to the License Division unless it is required as evidence. j. Rifle/shotgun permit (1) Forward permit to the License Division, Firearms Control Section. NOTE: When the holder of a rifle/shotgun permit is arrested and charged with a felony, immediately seize and voucher the rifle/shotgun permit and firearm(s) if they are: a. On the arrestee's body b. Within the arrestee's area of reach, or c. In plain view of the arresting officer(s) at the time of arrest. If the rifle/shotgun permit and firearm(s) cannot be seized in the manner described above, the arrestee shall be advised that he must surrender said permit and firearm(s) pursuant to License Division regulations, and shall be given an opportunity to surrender them voluntarily. If the permit and/or firearm(s) cannot be obtained by consent, and there is probable cause to believe that they are in a particular location, a search warrant will be obtained prior to seizure of the permit and firearm(s), unless exigent circumstances justify an immediate seizure. The supervisor assigned will make every effort to obtain the firearm(s) and rifle/shotgun permit either by consent or with a search warrant. The permit, once obtained, will be forwarded with a report to the License Division, Firearms Control Section, unless it is required as evidence. 10. Give itemized receipt for property temporarily removed from the prisoner which is not to be held in police custody. 11. Ask prisoner(s) if they want any personal property they possess to be vouchered for safekeeping. a. A Command Log entry MUST be made indicating either the prisoner refused OR the PROPERTY CLERK'S INVOICE number for property safeguarded. NOTE: This requirement does not apply to property removed under steps 9 and 10. ARRESTING OFFICER 12. Request the assistance of the detective squad if the prisoner is arrested for homicide, serious assault, robbery, burglary, grand larceny, or other serious or unusual crime. NOTE: In all cases in which a youth is arrested and charged with a violent felony, the precinct detective squad/RAM will be directed to enhance the arrest. It will also be the responsibility of the precinct detective squad/RAM to identify, locate and apprehend any accomplices in gun-related cases or acts of youth violence and attempt to match them to other outstanding crimes. These units will also attempt to identify and apprehend those selling guns to minors. 13. Prepare arrest related documents as provided by the arrest processing officer. NOTE: Comply with any applicable provisions of P.G. 208-15, "Arrest Report Preparation At Stationhouse." 14. Provide complainant with prisoner's name, charges, arresting officer's name, precinct of occurrence, PROPERTY CLERK'S INVOICE number, if any, and the location of the appropriate court. NOTE: When the complainant is an eyewitness or other charges are involved, or a DESK APPEARANCE TICKET (PD260-121) is issued and the officer is not required to appear in court on the return date of the DESK APPEARANCE TICKET, a SUPPORTING DEPOSITION WILL NOT BE PREPARED and the complainant and witnesses will be directed to report to the appropriate District Attorney's Office in accordance with current processing procedures in each borough. 15. Advise prisoner of the right to make three (3) telephone calls within the City without charge or to make collect calls, outside the City, if toll charges are accepted. a. Make telephone calls if the prisoner is incapacitated by alcohol and/or drugs. 16. Permit the prisoner to converse on the telephone, except where the ends of justice may be defeated or a dangerous condition may be created. 17. Notify relatives or friends if the prisoner is under nineteen (19) years of age, or is admitted to a hospital, or is apparently emotionally disturbed.. NOTE: If the prisoner appears to have a disability which may affect mobility, speech, hearing or mental ability, a reasonable attempt shall be made to notify a relative or a friend. All such attempts will be documented by the arresting or investigating uniformed member of the service. 18. Prepare a MISSING - UNIDENTIFIED PERSON REPORT (PD336-151) and notify the precinct detective squad and the Missing Persons Squad, IF UNABLE TO MAKE THE ABOVE NOTIFICATION. a. If the notification is made after preparation of the MISSING - UNIDENTIFIED PERSON REPORT, notify the detective squad and the Missing Persons Squad. 19. Comply with P.G. 215-01, "Care Of Dependent Child", if it is determined that dependent adult/child is alone in prisoner's residence. 20. Deliver the following completed forms to the desk officer: a. ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). NOTE: Ensure that any graffiti tag and/or gang related nickname is entered in the "A.K.A./Nickname" caption on line 12, if applicable for any arrest. b. COMPLAINT REPORT WORKSHEET (PD313-152a), if appropriate. (1) If the arrest is for a crime previously reported and recorded on a COMPLAINT REPORT, use the serial number assigned to the original COMPLAINT REPORT. NOTE: Follow P.G. 208-11, "Arrest Processing-Livescan Fingerprinting," immediately upon desk officer's review and approval of COMPLAINT REPORT WORKSHEET. c. PROPERTY CLERK'S INVOICE WORKSHEET (PD521-141A) for evidence or other property taken into police custody. (1) A separate WORKSHEET will be prepared for firearms, narcotics, or other property requiring analysis at the Police Laboratory. d. PROPERTY CLERKS' MOTOR VEHICLE/BOAT INVOICE WORKSHEET (PD571-147a), if required. e. REQUEST FOR LABORATORY EXAMINATION (PD521-161), if required. f. DESK APPEARANCE TICKET INVESTIGATION (PD360-081), if appropriate. g. JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET(PD277-151a), if appropriate. (1) One (1) copy of TYPED REPORT will be forwarded with the arrest documents and distribute the remaining copies to the precinct youth officer, Youth Services Section, and juvenile detention facility, if juvenile is detained. NOTE: See P.G. 208-21, "Arrests-FINEST Checks and NITRO Debriefing," if a DESK APPEARANCE TICKET is issued at the precinct of arrest. In addition, have the Computerized Investigation Card File queried by complying with P.G. 20823,"Computerized Investigation Card System" in all arrest cases. h. MEDICAL TREATMENT OF PRISONER, if prepared. (1) Prepare the form if the prisoner receives medical/psychiatric treatment or refuses treatment after claiming an injury or illness, already has previously treated prior injuries, is in apparent need of treatment or may require prescribed medication. (2) If the prisoner is issued a DESK APPEARANCE TICKET, file the "Buff" copy of the MEDICAL TREATMENT form in a folder maintained at the desk of the precinct of arrest and forward the remaining copies of the form to Central Booking facility. 21. Deliver ARREST DOCUMENTATION CHECKLIST (PD249-010) and photocopies of the following Department forms to the desk officer in every case in which they are prepared: a. ON LINE BOOKING SYSTEM ARREST WORKSHEET b. COMPLAINT REPORT WORKSHEET c. AIDED REPORT WORKSHEET(PD304-152b), both sides d. ACTIVITY LOG entries e. PROPERTY CLERK'S INVOICES (District Attorney Copy) f. REQUEST FOR LABORATORY EXAMINATION g. SUPPORTING DEPOSITION h. STOP AND FRISK REPORT (PD344-151) i. O.C.C.B. BUY REPORT (PD321-152) j. SPRINT Incident Inquiry (from SPRINT) k. Order of Protection l. Photographs of evidence motor vehicles returned to owner see P.G. 218-18, "Photographing Stolen Evidence Vehicles When An Arrest Is Made"). NOTE: To facilitate the duplicating of forms required in step 21, commanding officers will make photo copying machines accessible to arresting officers at all times. In those instances where snap-out forms have the District Attorney as a recipient of a copy of that form, a photocopy is not necessary. The District Attorney's copy of the form will be delivered to the desk officer. In arrests involving multiple COMPLAINT REPORTS or AIDED REPORT WORKSHEET, a copy of each report will be required. Separate forms with identical information are not required for multiple arrests with a single complainant or a single AIDED REPORT WORKSHEET. UNDER NO CIRCUMSTANCES WILL ARREST PROCESSING BE UNNECESSARILY DELAYED TO OBTAIN THE DOCUMENTS REQUIRED UNDER STEP 21. DESK OFFICER 22. Examine all forms to ensure completeness and accuracy and sign all forms as required. a. Review ARREST DOCUMENTATION CHECKLIST to ensure all forms prepared in connection with the arrest are available. (1) Return CHECKLIST to arresting officer for delivery to the assistant district attorney in the Complaint Room or deliver in accordance with borough procedures. 23. Ascertain that the following entries are made: a. Statement that a prisoner, charged with criminal possession of a controlled substance with intent to sell or unlawful sale of a controlled substance, is a seller and indicate reasons for that conclusion in the narrative block of the ON LINE BOOKING SYSTEM ARREST WORKSHEET. b. Names, addresses and telephone numbers of witnesses are entered on the COMPLAINT REPORT or the COMPLAINT FOLLOW-UP (PD313-081), if prepared. c. Statement on PROPERTY CLERK'S INVOICE that property (other than vehicle) is valuable, contains identifying marks, and that the Stolen Property Inquiry Section (S.P.I.S.) was notified, including the name and rank/title of the person at S.P.I.S. notified. d. Information concerning alarms transmitted or cancelled, with operator's name entered on COMPLAINT REPORT, PROPERTY CLERK'S INVOICE and PROPERTY INDEX (PD542-104), as required. State and police agency must be included if alarm is transmitted by other than a New York State agency. If no alarm transmitted, so state. e. A hard copy of the FINEST screen containing the notification to S.P.I.S. is attached to the COMPLAINT REPORT, COMPLAINT FOLLOW-UP, PROPERTY CLERK'S INVOICE or PROPERTY CLERK'S MOTOR VEHICLE/BOAT INVOICE, whichever most accurately reflects the current status of a motor vehicle/boat/plate being reported stolen, recovered, etc. f. Enter details of notification in Command Log (name, address, relationship) when prisoner is of unsound mind, under nineteen (19) years of age or is admitted to a hospital. g. Enter in Command Log information concerning release of prisoner to member of Highway District to conduct required tests. h. Enter chemical test results on ON LINE BOOKING SYSTEM ARREST WORKSHEET under caption, "Narrative." i. Enter any change in the custody of the prisoner in the Command Log and notify borough Court Section for computer entry of new prisoner location. j. Document any other pertinent facts in the Command Log, including serial numbers of any forms prepared regarding arrest. k. Notify Court Section supervisor for computer entry when prisoner is admitted to a hospital (see P.G. 210-02, "Hospitalized Prisoners"). (1) Record notification in Telephone Record. l. If a third telephone call is made by the prisoner, enter telephone number and identity of person called in the Command Log. Make a Command Log entry if the prisoner refuses telephone privileges. 24. Refer "FOA" cases (offenses not triable in New York City courts or violation of parole or probation) to detective squad. 25. Direct that "Have Arrested Message" is transmitted, if required. 26. Make notifications as required by P.G. 208-69, "Notifications In Certain Arrest Situations." 27. Request borough Court Section concerned to provide transportation ONLY when large numbers of prisoners must be transported or unusual circumstances dictate the use of a patrolwagon. 28. Return the following forms to the arresting officer for delivery to the assistant district attorney in the Complaint Room or deliver in accordance with borough procedures. a. ON LINE BOOKING SYSTEM ARREST WORKSHEET b. Fingerprint forms, if prepared c. Copy of DAT INVESTIGATION, in every misdemeanor and violation case d. Green (5th) copy of the PROPERTY CLERK'S INVOICE and/or PROPERTY CLERK'S MOTOR VEHICLE/BOAT INVOICE, if evidence has been vouchered e. SUPPORTING DEPOSITION, if prepared g. MEDICAL TREATMENT OF PRISONER form, if prepared h. JUVENILE ARREST - INVESTIGATION REPORT, if prepared. 29. Make necessary entries in Command Log, Interrupted Patrol Log and ROLL CALL, when required, indicating arresting officer's time of departure to borough Court Section. ARRESTING OFFICER/ESCORTING OFFICER 30. Deliver prisoner to borough Court Section or lodging location designated by borough Court Section concerned. a. Inform borough Court Section supervisor if prisoner(s) was strip-searched, including reason for and results of the search. 31. Present all forms relating to arrest to the borough Court Section supervisor. 32. Comply with all directions of the borough Court Section supervisor. BOROUGH COURT SECTION SUPERVISOR 33. Examine all forms to verify completeness and accuracy. 34. Forward a complete set of MEDICAL TREATMENT OF PRISONER form, if prepared, with arresting/escorting officer to Department of Corrections see P.G. 210-04, "Prisoners Requiring Medical/Psychiatric Treatment"). a. Arresting/escorting officer will obtain receipted pink copy of the form and return it to the borough Court Section facility. 35. Ensure that the computer generated Prisoner Movement Slip has a notation in the Detention Alert Section when a prisoner is violent, resists arrest, is emotionally disturbed, threatens or attempts suicide. When a prisoner has been strip-searched, enter that fact under "Other," in the Detention Alert Section. Include the command and Command Log page number for reference. A notation indicating that the prisoner has been strip-searched will also be made on the PRISONER TRANSPORT DISPATCH (PD171-132) for notification to the desk officer, precinct of detention. 36. Return the following arrest related documents to command for filing in Arrest Folder: a. Arresting officer's copy of the Court Complaint b. ON LINE BOOKING SYSTEM ARREST WORKSHEET c. Arresting officer's copy of the PROPERTY CLERK'S INVOICE and/or PROPERTY CLERK'S MOTOR VEHICLE/BOAT INVOICE, if prepared. ARRESTING OFFICER 37. Bring all related papers to each subsequent court appearance. PRECINCT YOUTH OFFICER 38. Follow up on arrests of youths under sixteen (16) years of age. ADDITIONAL DATA To strengthen the prosecution of auto larceny cases, all uniformed members of the service will perform a license check through FINEST, using the "D.A.L.L.' Format, on all defendants arrested for the following: a. Driving a stolen vehicle, OR, b. Driving an auto with an altered Vehicle Identification Number (V.I.N.), OR, c. Possession of stolen plates. Arresting/assigned officers will notify the Assistant District Attorney drawing up the court complaint of all verbal and written statements made by the defendant and any procedures used by the police to assist a witness/complainant to identify the defendant. In addition, the arresting/assigned officer will make an appropriate entry of the notification in his/her ACTIVITY LOG. OBSERVERS AT THE SCENE OF POLICE INCIDENTS As a rule, when a police officer stops, detains or arrests a person in a public area, persons who happen to be in or are attached to the area are naturally in position to and are allowed to observe the police officer's actions. This right to observe is, of course, limited by reasons of safety to all concerned and as long as there is no substantive violation of law. The following guidelines should be utilized by police officers whenever the above situation exists: a. A person remaining in the vicinity of a stop or arrest shall not be subject to arrest for Obstructing Governmental Administration (Penal Law, Section 195.05) unless the officer has probable cause to believe the person or persons are obstructing governmental administration. b. None of the following constitutes probable cause for arrest or detention of an onlooker unless the safety of officers or other persons is directly endangered or the officer reasonably believes they are endangered or the law is otherwise violated: (1) Speech alone, even though crude and vulgar (2) Requesting and making notes of shield numbers or names of officers (3) Taking photographs, videotapes or tape recordings (4) Remaining in the vicinity of the stop or arrest. c. Whenever an onlooker is arrested or taken into custody, the arresting officer shall request the patrol supervisor to the scene, or if unavailable, report the action to the supervisor where the person is taken. This procedure is not intended in any manner to limit the authority of the police to establish police lines, e.g., crowd control at scenes of fires, demonstrations, etc. RELATED PROCEDURES Arrest Report Preparation At Stationhouse (P.G. 208-15) Arrest - General Search Guidelines (P.G. 208-05) Arrests - Security Measures (P.G. 208-06) Arrests - "Finest" Checks And "Nitro" Debriefing (P.G. 208-21) Prisoner Requiring Medical/Psychiatric Treatment (P.G. 210-04) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ARREST REPORT SUPPLEMENT WORKSHEET(PD244-1516) MEDICAL TREATMENT OF PRISONER (PD244-150) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK'S INVOICE (PD521-141) P.G. 208-04 Arrest By A Civilian Date Effective: 01-01-00 PURPOSE To assist a citizen in making a lawful arrest. PROCEDURE On being informed by a civilian that he has made an arrest: UNIFORMED MEMBER OF THE SERVICE 1. Determine if there is reasonable cause to believe that person arrested committed the offense in question or any related offense and if civilian has authority to make arrest. 2. Accompany civilian and prisoner to stationhouse. DESK OFFICER 3. Determine validity of arrest. a. If arrest not lawful, follow "Release of Prisoners" procedure. 4. Assign a uniformed member of the service to process the arrest and comply with appropriate arrest procedures. 5. Direct that civilian be recorded as having made arrest. 6. Ascertain if member can complete arrest process within scheduled tour. a. Direct member to continue processing arrest and request relief prior to end of tour, if member cannot complete arrest processing. UNIFORMED MEMBER OF THE SERVICE 7. Prepare all necessary arrest documents and forward to relieving officer. 8. Inform relieving officer of details concerning arrest. RELIEVING OFFICER 9. Enter information received concerning details of arrest in ACTIVITY LOG (PD112145). NOTE: Information should be sufficiently detailed to enable the relieving officer to apprise the Assistant District Attorney assigned to the Complaint Room of the facts of the case. 10. Ensure that civilian complainant appears in court, if required. ADDITIONAL DATA All pertinent provisions of Department orders applicable to arresting officers shall apply to assigned members. When a uniformed member of the service believes that an arrest effected by a civilian member of the Traffic Control Division is unwarranted, the member will request the patrol supervisor to respond to the scene. If that is not possible, escort all parties to stationhouse for final determination. RELATED PROCEDURES Desk Appearance Ticket-Arrest By Civilian Complainant - (P.G. 208-32) Arrest Report Preparation At Stationhouse (P.G. 208-15) Release Of Prisoners-General Procedure (P.G. 210-13) Arraignment Without Complainant (P.G. 211-03) FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 208-05 Arrest - General Search Guidelines Date Effective: 01-01-00 ARRESTING OFFICER 1. Comply with the provisions of P.G. 208-02, "Arrests-Removal To Department Facility For Processing", P.G. 208-03, "Arrests-General Processing", P.G. 208-15, "Arrest Report Preparation At Stationhouse" and the following: SEARCH OF ARRESTED PERSONS To maximize security and minimize potential hazards to the arresting officer, the arrested person, and other Department personnel, the following guidelines are published for the information of all members of the service: A. FRISK/FIELD SEARCH A frisk, performed primarily to ensure the personal safety of the arresting officer, is a methodical external body examination of the arrested person conducted immediately after apprehension to find weapons, evidence, or contraband. The frisk should be conducted before or immediately after the subject is rear handcuffed, depending upon particular circumstances, temperament of the subject, and escape potential. A thorough external body examination is made by sliding the hand over the subject's body, feeling for weapons or other objects, with special attention to the waistband, armpit, collar, and groin areas. If an unusual object is detected, the officer will reach into or under the clothing to remove it. B. SEARCH AT POLICE FACILITY (1)Upon arrival at precinct of arrest or other Department facility, the arresting officer or a designated member of the same sex as the prisoner, will conduct a thorough search of the subject's person and clothing to ensure the safety of all persons within the facility and to remove weapons, contraband, and evidence not discovered by the frisk. Other items lawfully carried but that are dangerous to life, may facilitate escape or may be used to damage Department property will also be removed from the subject. (2)A search at a police facility (not a "strip" search) includes the removal of outer garments such as overcoats, jackets, sweaters, vests, hats, wigs, ties, belts, shoes and socks, handbags, and wallets. All pockets are to be emptied and all clothing not removed will be examined by grabbing, crushing and squeezing the garments and by sliding the hands across the body to detect articles that may be underneath or sewn to the clothing. C. STRIP SEARCH (1)The desk officer, precinct of arrest/borough Court Section supervisor will decide if a strip search should be conducted and he/she is responsible that the search is conducted properly. A strip search will be utilized when the arresting officer reasonably suspects that weapons, contraband or evidence may be concealed upon the person or in the clothing in such a manner that they may not be discovered by the previous search methods. Other factors that should be considered in determining the necessity for a strip search include the nature of the crime (serious violent felony), arrest circumstances, subject's reputation (extremely violent person), acts of violence and discoveries from previous searches. In addition, contact borough Court Section supervisor and expedite appearances of prisoner and arresting/assigned officer with necessary details before the arraignment judge. NOTE: In cases where there is a disagreement between the desk officer and an arresting officer's supervisor from an outside command, the final decision whether or not to conduct the strip search will be made by the desk officer concerned. If not in agreement with the desk officer's decision, the arresting officer's supervisor may confer with the precinct commander/duty captain. (2)A strip search will be conducted by a member of the same sex as the arrested person in a secure area in utmost privacy and with no other arrestee present. It should not be necessary to touch the subject's body, except for the examination of the hair. UNDER NO CONDITIONS SHALL A BODY CAVITY SEARCH BE CONDUCTED BY ANY MEMBER OF THE SERVICE. If a body cavity search is considered necessary, the desk officer will be advised and his instructions complied with. (3)If a strip search is conducted, such information will be entered in the Command Log, arresting officer's Activity Log, and also documented in the "Narrative" section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) or the ARREST REPORT SUPPLEMENT (PD244-157). A subsequent strip search will not be conducted unless there is reasonable belief that the subject has acquired a weapon or contraband. (4)A strip search will not be conducted after a decision is made to void an arrest or to release the prisoner immediately upon issuance of a summons. (5)ALL arrested persons being processed in a facility equipped with a metal detector are required to pass through the device. These electronic metal detectors are extremely sensitive and can detect a metallic object secreted in or around a body cavity. A "reading" on a detector, which cannot otherwise be accounted for, may form the basis for a full strip search. RELATED PROCEDURES Arrests-Removal To Department Facility For Processing (P.G. 208-02) Arrest-General Processing (P.G. 208-03) Arrests - Security Measures (P.G. 208-06) Arrest Report Preparation At Stationhouse (P.G. 208-15) Arrests -"FINEST" Checks And "NITRO" Debriefing (P.G. 208-21) FORMS AND REPORTS ARREST REPORT SUPPLEMENT (PD244-157) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-06 Arrests - Security Measures Interim Order 8 Issued 02-02-04 Suspends Patrol Guide 208-06 ARRESTING OFFICER Comply with the provisions of P.G. 208-02, "Arrests-Removal To Department Facility For Processing", P.G. 208-03, "Arrests-General Processing", P.G. 208-15, "Arrest Report Preparation At Stationhouse", and the following: ARRESTING/ESCORTING OFFICER TRANSPORTING PRISONERS IN DEPARTMENT VEHICLES When a prisoner is transported in a Department vehicle, the prisoner will be rear handcuffed, placed in the rear seat and secured with a seat belt on. Seat belts will be used to secure prisoners, when practical, in non-emergency situations. In Department vehicles equipped with a fiberglass partition, both the operator and recorder will ride in the front seat. If the Department vehicle is not equipped with a fiberglass partition, the recorder will ride in the rear seat, directly behind the operator, with the prisoner seated on the passenger side of the vehicle. Transporting members will ensure that: a. The handcuffs are double locked. b. The prisoner is placed in a position in the rear seat to allow the recorder to visually monitor the prisoner during transport. c. The rear compartment of Department vehicle is examined before and after prisoner transport. d. All personal property (e.g., flashlights, batons, briefcases, etc.) is removed prior to placing the prisoner inside the Department vehicle. e. When the seat belt is being secured on the prisoner by a member, the other member will remain on the opposite side of the RMP with the rear door open to be tactically able to assist in the event of an unforeseen occurrence. Prisoners will be transported in an RMP equipped with a safety partition whenever available. In all cases, prisoner (s) will be kept under observation at all times and both the operator and recorder will be physically present at the embarkment/disembarkment point of the vehicle to supervise prisoner entry and exit. NOTE: Whenever it is necessary to transport/secure prisoners in a marked or unmarked RMP and the vehicle has child safety locks on the rear door, these locks will be engaged. Most passenger vehicles are equipped with child safety locks which, when engaged, will prevent the opening of the rear door from inside the vehicle. The child safety locks are engaged through the operation of a switch located in the door jamb area of each rear door. On Ford Crown Victoria vehicles, the switch must be slid to the "Lock On" position. On Chevrolet Impala vehicles, a key or similar device must be inserted into an opening in the door jamb to move the switch upward. For further clarification or for directions for other passenger vehicles, the respective owner's manual should be reviewed. It is important to note that when child safety locks are engaged, the doors are operable only from the outside; however, a passenger can reach outside the vehicle through an open window and operate the door. It is further recommended that the child safety locks be disengaged when transporting members of the service. TRANSPORTING PRISONERS IN TWELVE (12) PASSENGER VANS The transportation of prisoners in a twelve (12) passenger van or similar vehicle will be avoided whenever a RMP with a safety partition is available. When it is necessary to utilize a twelve (12) passenger van to transport prisoner (s), the prisoner (s) will be rear handcuffed with handcuffs double locked. The prisoner(s) will be secured on the second bench seat utilizing the seatbelts. The recorder will ride on the 1st bench seat. Normally, no more than three (3) prisoners should be transported at one time (see ADDITIONAL DATA graphic for Seating Plan.) Select twelve (12) passenger vans are equipped with an electric rear door lock. lock will be engaged when prisoners are secured in the vehicle. This When it is necessary to utilize a twelve (12) passenger van to transport more than three (3) prisoners, e.g. transporting prisoners from a precinct to court, in addition to the procedures outlined above, leg restraints will be utilized, if available. When members of the service are utilizing leg restraints, the use of transport chains may not be necessary and will not be mandated as in Patrol Guide procedure 210-01, "Prisoners General Procedure." If transport chains are not utilized, prisoners will be rear handcuffed and handcuffs double locked. No more than seven (7) prisoners will be transported in this manner and the prisoners will be secured on the 2nd and 3rd bench seats. The recorder and additional escort officer(s), if assigned, will ride in the 1st bench seat (see ADDITIONAL DATA graphic for Seating Plan.) When utilizing a twelve (12) passenger van to transport/secure prisoners during SNEU operations, or any other operation where the prisoner (s) may spend protracted periods of time in the van, all of the above security devices will be utilized, i.e. handcuffs, leg restraints, door locks, seatbelts, etc., when available. Prisoners should not be kept in vans for excessive periods of time. In all cases, the prisoner(s) will be kept under observation at all times and both the operator and recorder will be physically present at the embarkment/disembarkment point of the vehicle to supervise prisoner entry and exit. Whenever prisoners wearing leg restraints are being transported in twelve (12) passenger vans, members of the service will take care to ensure that the prisoners enter and exit the van safely. Because of the height of the vans, and the fact that prisoners wearing leg restraints will generally be rear handcuffed and may have greater difficulty in breaking their fall should they slip, officers will assist prisoners into and out of the vans. DELIVERING PRISONERS TO DETENTION FACILITY OR PRE-ARRAIGNMENT Arresting/escorting officers shall notify attendants or Correction Department personnel if prisoner(s) offered resistance, exhibited other threatening or dangerous behavior, attempted suicide or escape. Such notification and behavior will be recorded in the member's ACTIVITY LOG (PD112-145) and noted on the Prisoner Movement Slip, in the "Detention Alert" section. Leg restraints MUST be used when transporting a prisoner that has refused to be fingerprinted and for ALL prisoners being transported to a hospital for medical treatment. If the desk officer determines that extenuating circumstances exist that preclude placing leg restraints on a prisoner that has refused to be fingerprinted or is being transported to a hospital for medical treatment, a command log entry will be made detailing the reason why. The use of leg restraints does not replace the requirement to rear handcuff the prisoner. All procedures detailing the use of handcuffs remain in effect. When using leg restraints on a prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling. Whenever an arresting officer/investigator becomes aware of the need to separate two (2) or more defendants from one another due to threats made by one defendant to another, or due to the potential for one defendant to assault another, a notation will be made at the bottom of each defendant's Prisoner Movement Slip in the "Detention Alert" section under the caption "Other (Explain)." The notation must contain the name and arrest number of the other defendant involved, as well as an indication as to why separation is deemed necessary (e.g., prisoner had a fight with the other prisoner; prisoner was threatened by other prisoner, etc.). If separation is required for confidential or sensitive reasons, such as one prisoner testified against another, enter the name and telephone number of the arresting officer/investigator so that further information can be obtained if necessary, rather than entering the actual reason for the separation. (If detention personnel are unable to contact the arresting officer/investigator for further information, they will continue to keep the affected prisoners separated from one another). In the event that an arrest processing officer or escorting officer becomes aware that a conflict exists between prisoners requiring their separation, the officer must: a. Inform the arresting officer/investigator of the circumstances in order that the latter may make entries on the Prisoner Movement Slips, OR b. Personally make entries on the Prisoner Movement Slips which should then be brought to the attention of the Court Section personnel for entry on the courthouse generated movement slips. The information entered on the Prisoner Movement Slip prepared at the precinct must also be entered on the computerized movement slip generated at the courthouse when the prisoner is photographed. In addition to the notation on the movement slip, the arresting officer/investigator/escorting officer will notify the concerned borough court section supervisor. Members of the service assigned to prisoner detention functions at the precinct and at the courthouse must examine and be guided by the information contained in the "Detention Alert" caption on each Prisoner Movement Slip regarding separating prisoners, etc. Department policy prohibits the carrying of firearms within detention facilities. Therefore, when delivering prisoners for pre-arraignment processing, arresting/transporting officers must: a. Respond to the appropriate borough court section intake area with required arrest related documents, and enter with prisoner(s) to be processed. b. Upon entering facility, immediately secure firearms in designated Department locker as directed by assigned Department personnel. c. Upon completion of police duties within the detention facility, the uniformed member will retrieve the firearm from the location where it was secured prior to leaving the facility. When delivering prisoners to the Manhattan Court Section at the rear of 100 Centre Street, uniformed members of the service are to secure their firearms in the Department of Correction security booth located in the intake sally port area. The court section locations and telephone numbers are as follows: MANHATTAN COURT SECTION - Rear of 100 Centre Street (at Baxter Street) (212) 3743916/21 MIDTOWN COMMUNITY COURT - 314 West 54th Street (Midtown North Pct.) (646) 264-1345 BROOKLYN COURT SECTION - Rear of 120 Schermerhorn Street (State St.) (718) 875-6303 QUEENS COURT SECTION - 125-01 Queens Boulevard (718) 286-6874 BRONX COURT SECTION - 215 East 161st Street (718) 590-2817 STATEN ISLAND COURT SECTION - 78 Richmond Terrace (120th Pct. 2nd Fl.) (718) 8768490/8541 Uniformed members of the service at the scene of an incident at which a prisoner is acting in a deranged, erratic manner apparently caused by a drug overdose, i.e., cocaine psychosis, angel dust, heroin overdose, etc., will request the response of the supervisor on patrol, if an ambulance is not immediately available. The supervisor will determine if prisoner should be removed to the appropriate hospital by utilizing a Department vehicle or await the arrival of an ambulance. The prisoner is not to be brought to a police facility. Cocaine induced psychosis or other illegal drug usage may cause violent behavior which may be a means of self-defense against imagined persecutors. In addition to paranoia, the individual may experience visual, auditory, or tactile (e.g., bugs crawling under the skin, etc.), hallucinations, high body temperature and seizures. Since sudden death may ensue, uniformed members of the service are reminded to have such person brought to an appropriate hospital facility and NOT TO A POLICE FACILITY. Absent unusual circumstances, and when an unoccupied detention cell is available, prisoners who are being processed and require the use of toilet facilities will utilize those located within precinct detention cells. Detention cell facilities chosen must be fully operational (e.g., toilets, alarm and cell lock in working condition). Prisoners will be escorted by a uniformed member of the service of the same sex. All Department directives relative to prisoner security guidelines remain in effect. ADDITIONAL DATA * Rear Door must be locked to ensure prisoners do not escape. * Maximum transport of prisoners is 7 prisoners for 12 passenger vans. * Rear door must be locked to ensure prisoners do not escape. * Assign additional escort officer as necessary. RELATED PROCEDURES Arrests - Removal To Department Facility For Processing (P.G. 208-02) Arrest - General Processing (P.G. 208-03) Arrest - General Search Guidelines (P.G. 208-05) Arrest Report Preparation At Stationhouse (P.G. 208-15) Arrests - "FINEST" Checks And "NITRO" Debriefings (P.G. 208-21) FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 208-07 Photographable Offenses Date Effective: 01-01-00 PURPOSE To obtain official Department photographs of persons arrested for felonies and certain misdemeanors. PROCEDURE Follow normal arrest procedure and, in addition: UNIFORMED MEMBER OF THE SERVICE 1. Have photographs taken of persons arrested when such persons are charged with any felony, including "juvenile offenders" as defined in the Penal Law, Section 10, sub. 18, or any of the following misdemeanors: a. Criminal possession of a weapon, 4th degree, firearm only, (Section 265.01, Penal Law) NOTE: Photographs are no longer required for criminal possession of a weapon in the fourth (4th) degree if the weapon is NOT a firearm. b. Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances (Section 265.10, Penal Law) c. Prohibited use of weapons (Section 265.35, Penal Law, sub. 1 and 3) d. Jostling (165.25, Penal Law) e. Fraudulent accosting (Section 165.30, Penal Law) except if specifically charged with operating a "Three Card Monte" game f. Sexual abuse, 2nd degree (Section 130.60, Penal Law) g. Criminal impersonation, 2nd degree (Section 190.25, Penal Law, sub. 3) h. Promoting prostitution, 4th degree (Section 230.20, Penal Law) i. Loitering for the purpose of promoting prostitution (Section 240.37, Penal Law, sub. 3) j. Prostitution (Section 230.00, Penal Law) k. Patronizing a prostitute, 3rd degree (Section 230.04, Penal Law) l. Patronizing a prostitute, 4th degree (Section 230.03, Penal Law) m. Trademark counterfeiting, 3rd degree (Section 165.71, Penal Law). [I.O. 50 s 04] n. Making graffiti (Section 145.60, Penal Law) o. Possession of graffiti instruments (Section 145.65, Penal Law) ADDITIONAL DATA An official Department photograph is taken by a member of the Photo Unit for any felony or selected misdemeanor listed above. A Polaroid photograph taken at a Department facility is for identification purposes only and does not satisfy the requirements of this procedure. A hospitalized prisoner who is charged with a photographable misdemeanor may be issued a Desk Appearance Ticket, if eligible, and criminal photographs will NOT be taken. P.G. 208-08 Fingerprintable Offenses Date Effective: 01-01-00 PURPOSE To establish positive identification of persons arrested and provide arraignment court with prior criminal record. PROCEDURE Follow normal arrest procedure and: ARRESTING OFFICER/ARREST PROCESSING OFFICER 1. Fingerprint person arrested utilizing Livescan as indicated below: a. Adult prisoners if charged with: (1) Felony (2) Misdemeanor as defined in Penal Law (3) Misdemeanor defined outside the Penal Law which would constitute a felony if such person was previously convicted of a crime (4) Loitering for purpose of engaging in prostitution - Section 240.37, subdivision 2, Penal Law. b. Juvenile Offender - A person less than 16 years of age taken into custody and charged with a felony as indicated: (1) 13, 14 and 15 years of age charged with Murder 2nd Degree (Section 125.25, subdivisions 1 and 2) (2) 14 or 15 years of age charged with Murder 2nd Degree (Felony Murder subdivision 3) if the underlying felony is listed in subdivision (3), items (a) through (k) below. (3) 14 or 15 years of age and charged with: (a) Assault 1st Degree - Section 120.10, subdivisions 1 and 2 (b) Manslaughter 1st Degree - Section 125.20 (c) Rape 1st Degree - Section 130.35, subdivisions 1 and 2 (d) Sodomy 1st Degree - Section 130.50, subdivisions 1 and 2 (e) Kidnapping 1st Degree - Section 135.25 (f) Burglary 1st Degree - Section 140.30 AND Burglary 2nd Degree Section 140.25, subdivision 1 (g) Arson 1st and 2nd Degrees - Sections 150.20 and 150.15 (h) Robbery 1st Degree - Section 160.15 AND Robbery 2nd Degree Section 160.10, subdivision 2 (i) Aggravated Sexual Abuse 1st Degree - Section 130.70 (j) Attempted Murder 2nd Degree - Section 110.00; Section 125.25 OR Attempted Kidnapping 1st Degree - Section 110.00; Section 135.25. (k) Criminal Possession of a Weapon 2nd Degree - Section 265.03 OR Criminal Possession of a Weapon 3rd Degree - Section 265.02, subdivision 4, and the offense takes place on school grounds. NOTE: School grounds consist of any building or property within the property line of a public, private or parochial school from elementary up to and including high school or within a thousand feet of the property line of such school (Penal Law Section 220.00, subdivision 14). c. Other Juvenile (not classified Juvenile Offenders) (1) 11 years of age or older - charged with an A or B felony (2) 13 years of age or older - charged with any felony. NOTE: Fingerprints may be taken if the arresting/assisting officer is unable to ascertain prisoner's identity, if officer reasonably suspects that the identity given by the prisoner is not accurate or if the officer reasonably suspects that the person is wanted by another law enforcement officer or agency for the commission of another offense. 2. Take one (1) clear front view Polaroid photo of juvenile and on the reverse side enter the following information: a. Name of juvenile b. Date of birth c. Mother's full name, include maiden name d. Date and precinct of arrest e. COMPLAINT REPORT (PD313-152) and arrest number and crime(s) charged. 3. Forward photograph promptly in sealed envelope to the Identification Section, Youth Records Unit, Room 606, Police Headquarters. NOTE: If juvenile is taken directly to Family Court, a member of the borough court section or arresting/assigned officer will take fingerprints and photo and forward as above. ADDITIONAL DATA Whenever prisoners must be taken. Palm prints will be right palm identified. The sheets will be placed in a Identification Section. fingerprinted, palm taken on an 8 1/2 x data in step 2 will sealed envelope and RELATED PROCEDURES Photographable Offenses (P.G. 208-07) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) prints and photographs may also be 11 sheet of white paper with left and be included on rear of each sheet. The forwarded to Commanding Officer, P.G. 208-09 Rights Of Persons Taken Into Custody Date Effective: 01-01-00 PURPOSE To advise persons taken into custody of their constitutional rights. PROCEDURE Prior to questioning a person taken into custody: UNIFORMED MEMBER OF THE SERVICE 1. Inform such person of the following constitutional rights (Miranda Warnings): a. You have the right to remain silent and refuse to answer any questions. understand? b. Anything you say may be used against you in a court of law. Do you Do you understand? c. You have the right to consult an attorney before speaking to the police and to have an attorney present during any questioning now or in the future. Do you understand? d. If you cannot afford an attorney, one will be provided for you without cost. you understand? Do e. If you do not have an attorney available, you have the right to remain silent until you have an opportunity to consult one. Do you understand? f. Now that I have advised you of your rights, are you willing to answer questions? 2. Explain any portion of the rights that the person in custody does not understand. a. If person in custody does not understand English, or requires the assistance of a sign language interpreter, request an interpreter from the Operations Unit. 3. Cease interrogation if subject wants an attorney or wishes to remain silent. 4. Contact attorney for person in custody. NOTE: When questioning juveniles, both the juvenile and parent/guardian must be given the Miranda Warnings. The juvenile may be questioned if he/she waives these rights in the presence of the parent/guardian. The parent/guardian does not have to waive the rights, they need only be advised of such rights. If, however, the parent or guardian objects to the questioning or requests an attorney for the juvenile, no questioning should occur even if the juvenile is willing to answer questions. DESK OFFICER/SUPERVISOR CONCERNED 5. Inform prisoner of presence of attorney and ask if he wants to see the attorney. NOTE: If an attorney states that he represents a prisoner but does not know the identity of the prisoner, he will not be permitted to interview him. 6. Permit interview to be conducted in muster room for a reasonable time. 7. Assign uniformed member of the service to keep prisoner and attorney under continuous observation at all times. Ensure that no objects are passed between the prisoner and the attorney. 8. Enter under "Details" of the ON LINE BOOKING SYSTEM ARREST WORKSHEET(PD244-159): a. Name, address and phone number of attorney and identity of person who retained him b. If interview was conducted c. Time of attorney's arrival and departure. IF INTERVIEW WAS CONDUCTED AT BOROUGH COURT SECTION FACILITY OR AT A PRECINCT OTHER THAN THE PRECINCT OF ARREST DESK OFFICER/SUPERVISOR CONCERNED 9. Notify the desk officer of precinct of arrest giving required information. 10. Make a Command Log entry of interview and notification. 11. Record information in the ON LINE BOOKING SYSTEM ARREST WORKSHEET or ARREST REPORT - SUPPLEMENT (PD244-157). IF A REQUEST IS RECEIVED FROM AN ATTORNEY SEEKING THE LOCATION OF A CLIENT WHO HAS BEEN ARRESTED AND IS IN CUSTODY OF THIS DEPARTMENT MEMBER OF THE SERVICE CONCERNED 12. Record contents of message in Telephone Record including: a. Time, name, address and phone number of attorney, name of person arrested, and any other facts which may assist in locating prisoner. NOTE: If Telephone Record is not maintained in command, entry will be made as directed by commanding officer. 13. Request Communications Section to transmit FINEST message to all commands advising that the particular defendant is represented by counsel. DESK OFFICER/SUPERVISOR CONCERNED 14. Determine if prisoner is detained in stationhouse/Department facility. 15. Direct interrogating officers concerned to cease interrogation and permit prisoner to contact attorney, if prisoner is located in precinct/Department facility. NOTE: A uniformed member of the service who has information concerning the whereabouts of the prisoner will communicate with the desk officer (or counterpart) of his command. The desk officer will notify the originator of the FINEST message. Guidelines listed in steps 12 through 15 apply only in those situations where an attorney initiated an inquiry seeking to locate a client who was arrested and with whom he has had no prior contact in this arrest situation. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) ARREST REPORT SUPPLEMENT (PD244-157) P.G. 208-10 Alternate Procedure For Arrest Number Generation As A Result Of Computer Failure Date Effective: 01-01-00 PURPOSE To set guidelines for arrest number generation when computer system (On Line Booking System) becomes disabled. PROCEDURE When the On Line Booking System becomes disabled, uniformed members of the service assigned to commands participating in "local arrest processing" that require an arrest number will: NOTE: Commands that currently issue arrest numbers for DESK APPEARANCE TICKETS (PD260-121) will not follow this procedure. Instead, arrest numbers for DESK APPEARANCE TICKETS will be issued by commands concerned when On Line Booking System becomes operational. DESK OFFICER/SUPERVISOR 1. Direct member of the service assigned to input arrest data entries (PF1/PF3), if the On Line Booking System becomes disabled in a command's computer at any time, to: a. Immediately notify the Management Information Systems Division, Help Desk, at (212) 374-3800, to attempt to correct problem. 2. Ascertain from member assigned to Management Information Systems Division, Help Desk, when problem is not correctable: a. If problem is limited to the command or is citywide, AND b. Anticipated period of time that the On Line Booking System will be disabled. IF ON LINE BOOKING SYSTEM IS DOWN IN COMMAND OF ARREST ONLY: DESK OFFICER/SUPERVISOR 3. Instruct member assigned to input arrest data to have arrest number generated, via landline, by an adjoining precinct whose system is operational. a. Continue to follow command's current "local arrest processing" procedures. IF ON LINE BOOKING SYSTEM IS DOWN CITYWIDE: DESK OFFICER/SUPERVISOR 4. Contact supervisor at borough central booking facility concerned. IF M.I.S.D. INDICATES THAT THE ON LINE BOOKING SYSTEM IS DOWN CITYWIDE AND RESTORATION OF THE SYSTEM IS NOT IMMINENT: BOROUGH COURT SECTION SUPERVISOR 5. Institute manual arrest processing mode, which includes: a. Issuance of arrest numbers from an "arrest log" book to arresting/assigned uniformed members of the service via landline. NOTE: These arrest numbers are identified as a two hundred thousand (200,000) series, i.e., M97200001. b. Have notifications made to Division of Criminal Justice Services (DCJS) in Albany to determine next sequential Fax number. NOTE: Completed Fingerprint Charts are to be issued sequential Fax control numbers indicated by DCJS and sent to Albany for processing. DESK OFFICER/SUPERVISOR 6. Have information requested on required Fingerprint Charts neatly printed by arresting/assigned uniformed member of the service. 7. Have copy of ON LINE BOOKING SYSTEM ARREST WORK-SHEET (PD244-159) (complete with issued manual arrest number), all completed Fingerprint Charts, Prisoner Movement Slip (Misc. 2011A) and prisoner delivered, without delay, by other than arresting officer, to appropriate facility (e.g., Midtown Community Court, 25th Precinct Hub-Site, etc.,) as indicated in current local arrest processing procedures. NOTE: Arresting/assigned uniformed members will remain at command and continue to process arrest for affidavit preparation as set forth by existing local arrest processing procedures. Fingerprint charts must be delivered within three (3) hours of arrest. ADDITIONAL DATA Precincts of arrest are responsible for back data entry once On Line Booking System comes back on-line. Therefore, a copy of the ON LINE BOOKING SYSTEM ARREST WORKSHEET will be retained and kept available at the desk for entry of arrest data (PF9/PF3), when On Line Booking System becomes operational. "PF9" data entry is identical to "PF1" but forces On Line Booking System to accept previously issued manual arrest number in lieu of computer generated arrest number. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) DESK APPEARANCE TICKET (PD260-121) P.G. 208-11 Arrest Processing-"Livescan" Fingerprinting Date Effective: 01-01-00 PURPOSE To set forth guidelines for the utilization of the "LIVESCAN" computer fingerprinting system. PROCEDURE In all arrest situations whenever a prisoner is required to be fingerprinted, except bedside arraignment of a hospitalized prisoner, or a hospitalized prisoner who may be eligible for a Desk Appearance Ticket, utilize the "LIVESCAN" computerized fingerprinting system and: NOTE: To maintain a high quality of fingerprints, operation of the "LIVESCAN" machine should be performed by the command's designated arrest processing officer, if applicable, or a member of the service appropriately trained to operate the machine. ARREST PROCESSING OFFICER/DESIGNATED MEMBER 1. Generate arrest number through the On Line Booking System (OLBS). a. Ensure proper "ARREST PROCESSING TYPE" code is entered during On Line Booking System data entry. 2. Record the check digit that appears on the On Line Booking System terminal screen at the completion of the PF-3 data entries, onto the top right corner of the ON LINE BOOKING SYSTEM ARREST WORK SHEET (PD244-159). a. Retrieve the arrest's check digit through the "BADS" computer system if the check digit was not recorded. NOTE: The check digit is necessary for operation of the "LIVESCAN" computerized fingerprinting system and subsequent transmission of fingerprints. 3. Immediately proceed to begin fingerprinting upon completion of On Line Booking System data entries (PF1/PF3), utilizing "LIVESCAN" machine as follows: a. Ensure both the prisoner's hands and the scanner platens of the "LIVESCAN" machine are clean and dry. (1)Use "Corn Huskers Lotion" to soften prisoner's fingertips, if excessively dry. b. Enter arrest number with check digit into "LIVESCAN" computer. NOTE: Once arrest number (with check digit) is entered into the "LIVESCAN" computer, all pertinent arrest information is automatically downloaded to the "LIVESCAN" computer from original On Line Booking System data entries. If this information is not transferred to "LIVESCAN," information must be re-sent through "BADS" as follows: - Select #1, "ARREST REPORT PRINTOUTS," from "BADS" main menu. - Enter arrest number, when prompted. - Move cursor to caption, "LIVESCAN RESEND," and mark field with an "X" and enter. (Message at bottom of screen will read, "RECORD HAS BEEN TRANSFERRED FOR LIVESCAN.") - Return to "LIVESCAN" machine and restart process. c. Fingerprint plain (flat) impressions of the four (4) fingers minus the thumb on large scanner platen and the thumbs on the small scanner platen and press "SCAN." (1) The four (4) fingers of each hand must be placed on an angle on scanner platen, with special attention to the pinky finger. (2) Press "SAVE," after plain impression has been completed and hand is removed from scanner platen. d. Fingerprint individual fingers on small scanner platen centering the core of each finger on the cross lines indicated on the left screen of the "LIVESCAN" machine. (1) Ensure proper sequence as indicated by left screen prompts. (2) Roll each finger to one side as indicated by direction arrows on "LIVESCAN" machine and press "SCAN." (a) INDIVIDUAL FINGERS MUST BE ROLLED. (3) Press "SAVE," after roll has been completed and finger is removed from scanner platen, if image is acceptable. (a) Press "SCAN" which erases former image, if image is unacceptable, and print finger again. NOTE: Appropriate notations must be entered in "LIVESCAN" computer when fingers are unable to be adequately printed for any reason, (i.e., "MISS," "AMP," "INJ," "SCAR," etc.). This information is to be entered in designated fingerprint box. UNDER NO CIRCUMSTANCES IS A FINGERPRINT BOX TO BE LEFT BLANK. 4. Check transmit queue of "LIVESCAN" computer to ascertain if prints are being transmitted, when completed. a. The "ACTIVITY LOG" function displays a list of records transmitted for the previous seventy-two (72) hours. NOTE: Complete "LIVESCAN" processing of a prisoner should not exceed three (3) hours from the time of arrest, unless exigent circumstances exist. DESK OFFICER/SUPERVISOR, ARREST PROCESSING SITE [I.O. 36 s 02] 5. Authorize any "override" of "LIVESCAN" prints taken. a. Make appropriate command log entries detailing the reasons for the override. NOTE: Overrides will only be done AFTER four (4) attempts have been made to roll an acceptable print. When supervisor concurs that the rejected print is the best that can be taken (i.e., finger burnt, disfigured, etc.), the "LIVESCAN" operator will "ANNOTATE" the rejection (ADD NOTE), into the "LIVESCAN" computer system WHEN PRISONER REFUSES TO BE FINGERPRINTED OR IS REMOVED TO THE HOSPITAL: 6. Notify the Borough Court Section supervisor concerned immediately if the prisoner refuses to be fingerprinted or is removed to the hospital. a. Be guided by the instructions of the Borough Court Section supervisor. 7. Provide the Borough Court Section supervisor with the following information: a. Prisoner's name b. Prisoner's arrest number c. Prisoner's fax control number (if available). d. Date/time of prisoner's refusal to be fingerprinted. e. Date/time that the prisoner was removed to the hospital. f. Name of hospital and admission number (where warranted). 8. Note the prisoner's refusal to be fingerprinted as follows: a. Make entry on the computer generated prisoner movement slip. b. Prepare REFUSED PRINTS REPORT (PD223-122) c. Make a command log entry detailing the prisoner's refusal to be fingerprinted. BOROUGH COURT SECTION SUPERVISOR 9. Instruct the desk officer/supervisor making the notification to: a. Proceed with the arrest processing. b. Complete all other arrest related procedures and paperwork. c. Request prisoner's cooperation to be fingerprinted upon completion of all other arrest related procedures. IF PRISONER COMPLIES: DESK OFFICER/SUPERVISOR, ARREST PROCESSING SITE 10. Have prisoner fingerprinted at the command via LIVESCAN. a. Complete REFUSED PRINTS REPORT and verify. b. Make additional entries on movement slip and in command log indicating prisoner's decision. c. Enclose REFUSED PRINTS REPORT with arrest package. IF PRISONER STILL REFUSES: 11. Proceed as in steps "10a-10c" above. [I.O. 16 s 03] a. Place leg restraints on prisoner and direct that prisoner be brought directly to the Borough Court Section [ I.O. 16 s 03] NOTE: Leg restraints MUST be used when transporting a prisoner that has refused to be fingerprinted. If the desk officer determines that extenuating circumstances exist that preclude placing leg restraints on a prisoner that has refused to be fingerprinted, a command log entry will be made detailing the reason why. The use of leg restraints does not replace the requirement to rear handcuff the prisoner. All procedures detailing the use of handcuffs remain in effect. When using leg restraints on a prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling. WHEN PRISONER THAT REFUSED TO BE FINGERPRINTED ARRIVES AT THE BOROUGH COURT SECTION: BOROUGH COURT SECTION SUPERVISOR 12. Question the prisoner and verify that he/she refuses to be fingerprinted. IF PRISONER COMPLIES: 13. Direct that prisoner be fingerprinted via LIVESCAN. 14. Make an entry indicating compliance: a. In the command log. b. On the prisoner movement slip. c. On the REFUSED PRINTS REPORT and verify. IF PRISONER CONTINUES TO REFUSE TO BE FINGERPRINTED: 15. Lodge prisoner at the Borough Court Section throughout the arraignment process. 16. Make command log entry noting the refusal. 17. Complete the REFUSED PRINTS REPORT and verify. 18. Have appropriate "NOTEPAD" data entries and corresponding "UNARRAIGNED DISPOSITION" field entered into "OLPA" computer system immediately. NOTE: A prisoner who refuses to be fingerprinted will not leave the court section facility and be sent to another command for lodging. However, if such a prisoner is in need of medical attention, he/she may be brought to a health care facility for treatment. ADDITIONAL DATA [I.O. 36 s 02] The "LIVESCAN" machine should remain "ON" and the scanner covers of the machine "CLOSED," when not in use. If "LIVESCAN" becomes inoperable, immediately notify the Management Information System Division (MISD) HELP DESK (212) 374-3800, and if necessary be guided by P.G. 208-12, "Alternate Procedures For Fingerprint Processing In The Event of Computer Failure". The "LIVESCAN" machine must be "recalibrated" at least once per tour to ensure that prints transmitted are acceptable to the Identification Section and the Division of Criminal Justice Services (i.e., not too dark or too light, etc.). Busy commands must "recalibrate" more frequently. The "LIVESCAN" machine scanner platens must be cleaned after each prisoner is fingerprinted. The "LIVESCAN" machine is to be cleaned only with authorized cleaning materials, (i.e., "Windex with Ammonia D," "Lithopads"). These materials, in addition to "Corn Huskers Lotion," may be requisitioned from the Quartermaster Section. If the "LIVESCAN" computer becomes inoperable because of damage to the machine, particularly to the scanner platen, the vendor will replace the damaged scanner platen and deliver it to the Management Information Systems Division. In circumstances in which there is suspicion of intentional damage, the desk officer will make an entry in the Command Log and initiate an investigation (see P.G. 202-14, "Desk Officer"). Any evidence of intentional damage to any machine will result in an immediate investigation and appropriate action. Routine operational inquiries concerning "LIVESCAN" and the On Line Booking System should be directed to the borough Court Section concerned, twenty-four (24) hours, seven (7) days a week, OR the Criminal Justice Bureau at (212) 374-5305, during business hours. Technical problems and "LIVESCAN" outages are to be referred to the Management Information Systems Division (MISD) HELP DESK at (212) 374-3800. RELATED PROCEDURES Fingerprintable Offenses (P.G. 208-08) Alternate Procedures For Fingerprint Processing Due To Computer System Failure (P.G. 208-12) Hospitalized Prisoners (P.G. 210-02) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-12 Alternate Procedure For Fingerprint Processing Due To Computer System Failure Date Effective: 01-01-00 PURPOSE To set guidelines for fingerprint processing should the "LIVESCAN" System become disabled. DEFINITION "LIVESCAN" System - the electronic transmitting of fingerprints via computer. NOTE: Since "LIVESCAN's" operation is fully dependent on the On Line Booking System (OLBS), if the On Line Booking System becomes disabled, "LIVESCAN" becomes inoperable. Additionally, if the On Line Booking System becomes disabled, uniformed members of the service concerned will comply with the guidelines for arrest number generation (see P.G. 208-10, "Alternate Procedure for Arrest Number, Generation As A Result Of Computer Failure. PROCEDURE When the "LIVESCAN" System becomes disabled: DESK OFFICER/SUPERVISOR 1. Have arresting/assigned officer immediately notify the Management Information Systems Division, Help Desk, at (212) 374-3800, if "LIVESCAN" becomes disabled at any time, to attempt to correct problem. 2. Ascertain from member assigned to Management Information Systems Division, Help Desk, when member concerned indicates that problem is not correctable: a. If problem is limited to the command or is borough/citywide, AND b. Anticipated period of time that the "LIVESCAN" System will be disabled. IF "LIVESCAN" SYSTEM IS DISABLED COMMAND OF ARREST ONLY: DESK OFFICER/SUPERVISOR 3. Have uniformed members of the service, other than arresting officer, transport defendant to an adjoining precinct where "LIVESCAN" System is operational and fingerprint defendant. IF "LIVESCAN" SYSTEM IS DISABLED BOROUGH/CITYWIDE: DESK OFFICER/SUPERVISOR 4. Contact borough Court Section supervisor concerned and be guided by supervisor's instructions. NOTE: Borough Court Section supervisors are available twenty-four (24) hours a day, seven (7) days a week, at the following numbers: - Manhattan Court Section (212) 3743916/21 - Brooklyn Court Section (718) 935-9240 - Queens Court Section (718) 268-4523 - Bronx Court Section (718) 590-2817/3830 - S.I. Court Section (718) 876-8490/3 IF THE DECISION IS MADE TO REVERT TO USING INK TO FINGERPRINT PRISONERS: NOTE: Decisions to ink print prisoners will be made on a case by case basis by the borough Court Section supervisor concerned in the event that LIVESCAN is disabled borough/citywide for an extended period of time and restoration of the system is not imminent. The supervisor at the Management Information Systems Division, Help Desk and the supervisor at the Criminal Justice Bureau will be conferred with prior to instructing personnel to ink print prisoners. It should be noted that the preferred course of action is to wait until the LIVESCAN System once again becomes operational and then fingerprint the prisoner using LIVESCAN. BOROUGH COURT SECTION SUPERVISOR 5. Instruct desk officer/supervisor, command concerned, to ink print defendant(s) on appropriate fingerprint charts. a. Have fingerprints forwarded expeditiously to the borough Court Section concerned for processing. NOTE: If the On Line Booking System is disabled, instruct desk officer/supervisor concerned to have arresting/assigned officer neatly print required information on the fingerprint charts before they are delivered to the borough Court Section concerned for processing (see P.G. 208-12, "Alternate Procedure for Fingerprinting Processing due to Computer System Failure"). 6. Have Court Section personnel available and ready to process ink fingerprints, including: a. Backing up of fingerprint charts, and b. Transmission of those fingerprints to Albany via the court site "Fax-4" machine. DESK OFFICER/SUPERVISOR 7. Instruct arresting/assigned officer to ink print defendant(s) on appropriate fingerprint charts. 8. Have fingerprint charts delivered, by other than arresting/assigned officer, with a copy of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), to borough Court Section concerned, NO LATER THAN THREE (3) HOURS AFTER THE TIME OF ARREST. ADDITIONAL DATA Commanding officers of arresting commands and borough Court Sections must ensure that an adequate supply of materials needed to ink print defendants is readily available, including: FBI Fingerprint Charts (FD 249) New York State Fingerprint Charts (DCJS-2) CRIMINAL FINGERPRINT CHARTS (PD223-141) Inquiry Charts (DCJS-6) Juvenile Charts (DCJS-4) Ink and ink rollers Ink Fingerprint Station. RELATED PROCEDURES Alternate Procedure For Arrest Number Generation As A Result Of Computer System Failure (P.G. 208-10) Arrest Processing-Livescan Fingerprinting (P.G. 208-11) FORMS AND REPORTS CRIMINAL FINGERPRINT CHART (PD223-141) FBI Fingerprint Chart (FD249) Inquiry Chart (DCJS-6) Juvenile Chart (DCJS-4) New York State Fingerprint Chart (DCJS-2) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-13 Arrest Report Supplement Date Effective: 01-01-00 PURPOSE To outline those instances that require a uniformed member of the service to complete an ARREST REPORT SUPPLEMENT (PD244-157). PROCEDURE This form will be prepared by uniformed members of the service to: 1. Record additional information when there is insufficient space under "Details" on an ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). 2. Report additional details after an ON LINE BOOKING SYSTEM ARREST WORKSHEET has been prepared such as: a. Change in offense charged b. Identity of previously unidentified prisoner c. Re-arrest on a bench warrant d. Prisoner forfeits bail e. Prisoner re-arrested for same offense for which bail was forfeited f. Prisoner released on reasonable belief he did not commit the crime g. Attorney visits prisoner h. Hospitalized prisoner visited by an authorized person, (See P.G. 210-02, "Hospitalized Prisoner"). The SUPPLEMENT containing the list of all visits will be distributed when the prisoner is released from the hospital. i. Prisoner released from hospital. (If the prisoner is under eighteen (18) include notifications to prisoner's parent or guardian and the arresting officer.) j. Hospitalized prisoner issued a DESK APPEARANCE TICKET. k. Prisoner is released to the custody of a member of the Accident Investigation Section to permit examination of a vehicle if a person has been killed or is injured and likely to die l. Child released from a place of detention m. Clothing removed from a homicide victim for examination at the Forensic Investigation Division n. Delineating the circumstances surrounding the additional charge of bribery, in situations where the arresting officer is not the uniformed member offered the bribe in arrest situations o. Prisoner being charged with an additional arrest charge(s), after an arrest number has been issued and prior to arraignment in court. These arrest charges, meaning the original and additional, must have occurred within the same geographical borough. The member of the service filing the additional arrest charge(s) will not re-fingerprint the prisoner, but will be required to make an immediate notification to the borough Court Section supervisor concerned. This procedure will also be followed in post arraignment indictment warrant cases. The initial indictment warrant must be issued a new arrest number and the prisoner fingerprinted. All subsequent indictment warrants for the same prisoner will require the preparation of an ARREST REPORT SUPPLEMENT. ADDITIONAL DATA Do not prepare an ARREST REPORT SUPPLEMENT in a case in which a prisoner's original and additional arrest charge(s) occur in different geographical boroughs prior to arraignment, OR, when the initial arrest charge is for a non-fingerprintable offense, OR, when the prisoner has been arraigned and an additional arrest charge(s) is forthcoming. In both of these cases, the member of the service filing the additional arrest charge(s) must issue a new arrest number, re-print the prisoner via LIVESCAN, and make an immediate notification to the borough Court Section supervisor concerned. RELATED PROCEDURES Hospitalized Prisoner (P.G. 210-02) FORMS AND REPORTS ARREST REPORT SUPPLEMENT WORKSHEET (PD244-1516) P.G. 208-14 Arrest By Uniformed Member Outside City Date Effective: 01-01-00 PURPOSE To report an arrest effected by a uniformed member of the service outside New York City but within New York State. PROCEDURE When a uniformed member of the service effects an arrest outside New York City when not specifically assigned or ordered: UNIFORMED MEMBER OF THE SERVICE 1. Comply with arrest procedures of police agency having jurisdiction. 2. Notify Operations Unit immediately of all facts including: a. Time and date of occurrence b. Place of occurrence c. Location of uniformed member concerned at time of notification d. Manner in which member became involved e. Identity of all parties involved in incident, including local police authorities f. Complete details g. Injury to uniformed member concerned or any other person h. Identity and statements of witnesses. OPERATIONS UNIT MEMBER 3. Notify commanding officer of uniformed member concerned. 4. Direct duty captain assigned to Patrol Borough Queens North/South or Bronx, as appropriate, to respond to place of occurrence, if within residence counties, conduct investigation and have UNUSUAL OCCURRENCE REPORT (PD370-152) prepared. DUTY CAPTAIN 5. Respond to location within residence counties and conduct investigation. 6. Prepare UNUSUAL OCCURRENCE REPORT, LINE OF DUTY INJURY REPORT (PD429-154) and ACCIDENT REPORT - CITY INVOLVED (PD301-155) if required. NOTE: The Operations Unit will, based upon circumstances, determine if a duty captain will respond to an incident involving an arrest effected by a uniformed member of the service outside the residence counties. ARRESTING OFFICER'S C.O. 7. Direct desk officer to make entry in Telephone Record concerning notification of incident from Operations Unit. ARRESTING OFFICER 8. Prepare report with all pertinent information and submit to commanding officer as soon as possible. COMMANDING OFFICER CONCERNED 9. Prepare detailed report of incident for Chief of Department. 10. Notify Internal Affairs Bureau if investigation, other than in relation to sickness or injury, is required. 11. Forward detailed report with copy of arresting officer's report attached to: a. Chief of Department - direct (two copies) b. Chief of Personnel - (one copy) c. Each intermediate command - (one copy) and d. File - (one copy). FORMS AND REPORTS ACCIDENT REPORT - CITY INVOLVED (PD301-155) LINE OF DUTY INJURY REPORT (PD429-154) UNUSUAL OCCURRENCE REPORT (PD370-152) RELATED PROCEDURES Line Of Duty Injury Or Death Outside City In Residence Counties (P.G. 205-06) Accidents In Which The City Is Involved (P.G. 217-04) P.G. 208-15 Arrest Report Preparation At Stationhouse Date Effective: 01-01-00 PURPOSE To process an arrest at a stationhouse. PROCEDURE When a uniformed member of the service is ready to process an arrest after completing the initial appearance before the desk officer: DESK OFFICER 1. Direct arresting officer to remove prisoner to arrest processing area, or location in the stationhouse SPECIFICALLY DESIGNATED as suitable for interrogation of juveniles, as appropriate. 2. Direct arrest processing officer, if available, to assist arresting officer. NOTE: The arrest processing officer will fingerprint prisoner (LIVESCAN) and assist the arresting officer by providing arrest related forms, taking photographs, and conducting necessary warrant checks. ARRESTING OFFICER 3. IMMEDIATELY prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). a. Ensure that COMPLAINT REPORT (PD313-152), PROPERTY CLERK'S INVOICE (PD521-141), etc., case numbers are indicated. DESK OFFICER 4. Review for completeness and accuracy and sign ON LINE BOOKING SYSTEM ARREST WORKSHEET and return to arresting officer. ARRESTING OFFICER 5. Have arrest number generated utilizing On Line Booking System PF1/PF3 data entry. NOTE: To correctly collate the different types of arrests that are processed, all arrests generated in the On-Line Booking System will use the following Arrest Processing Type codes when entering "PF1" data: CODE A C D J O V TYPE OF ARREST BEING PROCESSED D.A.T. COMMUNITY COURT (MIDTOWN) COMMUNITY COURT (MIDTOWN) ON LINE ARREST DESK APPEARANCE TICKET JUVENILE (NON FINGERPRINTABLE OFFENSES ONLY) ON LINE ARREST VOIDED ARREST Personnel entering data into the On-Line Booking System must ascertain the correct "Arrest Processing Type" code for the type of arrest being processed before completing the "PF1" entry. (See "ADDITIONAL DATA for a glossary of these codes and the types of arrests they represent). a. FAX completed ON LINE BOOKING SYSTEM ARREST WORKSHEET (with arrest number indicated,) to the borough Court Section/Assistant District Attorney, for on line arrests ONLY (videoconferencing, BLAP), in accordance with current processing procedures in each borough. 6. Have arrest processing officer fingerprint prisoner utilizing LIVESCAN. 7. With the assistance of the arrest processing officer: a. Have photograph(s) of prisoner taken b. Prepare other necessary forms, (e.g., COMPLAINT REPORT, PROPERTY CLERK'S INVOICE), etc. c. Have any necessary warrant checks conducted. d. Have Prisoner Movement Slip prepared/generated. 8. Request the desk officer to have the prisoner removed to appropriate prisoner intake area based on local guidelines. a. Escorting officer must have Prisoner Movement Slip with photo and a copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET with arrest number and check digit indicated. 9. Complete any additional arrest paperwork, as necessary. 10. Have desk officer review documents for completeness and accuracy. 11. Prepare affidavit based on the county District Attorney's method of preparation. ADDITIONAL DATA CODE TYPE OF ARREST BEING PROCESSED AND EXPLANATION A DESK APPEARANCE TICKET COMMUNITY COURT (MIDTOWN) used when a D.A.T. is issued and returnable to Midtown Community Court. C COMMUNITY COURT (MIDTOWN) ON LINE ARREST used when a command processes an on line arrest to be arraigned in the Midtown Community Court. D DESK APPEARANCE TICKET used when a command processes a Desk Appearance Ticket. J JUVENILE (NON FINGERPRINTABLE OFFENSES ONLY) used to process juvenile delinquent arrests that are not fingerprintable offenses. O ON LINE ARREST used to process on line arrests, as well as all juvenile arrests that are fingerprintable (including juvenile offenders, recogs, and juveniles not eligible for recognizance). V VOIDED ARREST used when processing a voided arrest under P.G. 210-13, "Release of Prisoners-General Procedure." Regardless of whether the arrest must be delivered to the borough than five (5) hours from time of medical attention, etc., will be Court Section, as follows: Manhattan package has been previously forwarded, the prisoner Court Section facility expeditiously. Delays of more arrest for lineups, prisoner debriefing, prisoner reported by telephone to the appropriate borough (212) 374-3838 Brooklyn Bronx Queens Staten Island (718) (718) (718) (718) 875-6586 590-2849 520-9303 876-8493 RELATED PROCEDURES Arrests - Removal To Department Facility For Processing (P.G. 208-02) Arrest - General Processing (P.G. 208-03) Arrest - General Search Guidelines (P.G. 208-05) Arrests - Security Measures (P.G. 208-06) Alternate Procedure For Arrest Number Generated As A Result Of Computer Failure (P.G. 208-10) Alternate Procedure For Fingerprint Processing Due To Computer System Failure (P.G. 208-12) Arrests - "FINEST" Checks And "NITRO" Debriefing (P.G. 208-21) Release Of Prisoners-General Procedure (P.G. 210-13) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT (PD313-152) PROPERTY CLERK'S INVOICE (PD521-141) P.G. 208-16 Arrest Processing Indicators Date Effective: 01-01-00 PURPOSE To standardize the obtaining of arrest processing time-stamps throughout the Department. PROCEDURE When a uniformed member of the service effects an arrest that will be processed "on line," i.e., a court affidavit will be prepared and the prisoner is to be arraigned expeditiously: ARRESTING OFFICER 1. Prepare PRE-ARRAIGNMENT NOTIFICATION FORM (PD244-153). DESK OFFICER/COURT SUPERVISOR 2. Obtain the following time-stamps, depending on how the court affidavit is prepared: a. AT THE DISTRICT ATTORNEY'S COMPLAINT ROOM (1) Using the PRE-ARRAIGNMENT NOTIFICATION FORM, time-stamp: (a) Box 1, captioned "A/O sign in," when the arresting officer is present at the Complaint Room (b) Box 3, captioned "Complaint Sworn," when the court affidavit is signed by the arresting officer. b. USING VIDEO TELECONFERENCING OR USING LOCAL ARREST PROCESSING (LAP) TELEPHONE INTERVIEW (1) Using the PRE-ARRAIGNMENT NOTIFICATION FORM time-stamp: (a) Box 1, captioned "A/O sign in," when the arresting officer is ready to be interviewed by the Assistant District Attorney NOTE: This will be done immediately before the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) is faxed to the Complaint Room. (b) Box 3, captioned "Complaint Sworn," when the court affidavit is signed by the arresting officer. c. QUEENS COURT AFFIDAVIT PREPARATION SYSTEM (CAPS) (1) Using the PRE-ARRAIGNMENT NOTIFICATION FORM time-stamp: (a) Box 1, captioned "A/O sign in," when the arresting officer is ready to prepare the court affidavit at the CAPS room (b) Box 3, captioned "Complaint Sworn," when the court affidavit is signed by the arresting officer. d. TRANSIT BUREAU FAX PROGRAM (1) Using the PRE-ARRAIGNMENT NOTIFICATION SUPERVISOR FORM, time-stamp: (a) Box 1, captioned "A/O sign in," when the arresting officer has completed the supporting deposition and other related paperwork (b) Box 3, captioned "Complaint Sworn," will be time-stamped by the Transit Liaison Officer, when the court affidavit is signed by the arresting officer at the Complaint Room. e. USING A SUPPORTING DEPOSITION (VENDOR, PROSTITUTION, ETC.) (1) Using the PRE-ARRAIGNMENT NOTIFICATION FORM, time-stamp: (a) Box 1, captioned "A/O sign in," when the arresting officer has completed the supporting deposition (b) Box 3, captioned "Complaint Sworn," will be time-stamped by Court Section personnel, when either the supporting deposition, which acts as an affidavit is received, or an affidavit, which is typed from a supporting deposition, is signed by the Court Section supervisor. 3. In ALL arrest cases (EXCEPT Video Conferencing or Local Arrest Processing (LAP) Telephone Interview cases), have the PRE-ARRAIGNMENT NOTIFICATION FORM delivered to the borough Court Section with the arrest package for time-stamp entry into the On Line Prisoner Arraignment (OLPA) system by Court Section personnel. a. In Video Conferencing or Local Arrest Processing (LAP) Telephone Interview cases, the PRE-ARRAIGNMENT NOTIFICATION FORM must be faxed, along with the signed affidavit, to the Complaint Room at completion of arrest processing. NOTE: In the case where an arresting officer is rescheduled to the 2nd Platoon to complete the court affidavit, i.e., the District Attorney's Complaint Room is closed, the desk officer/command supervisor concerned must write "RESCHEDULED" on the PREARRAIGNMENT NOTIFICATION FORM in the caption marked "ADDITIONAL COMMENTS." FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PRE-ARRAIGNMENT NOTIFICATION FORM (PD244-153) P.G. 208-17 Change In Arrest Charges Date Effective: 01-01-00 PURPOSE To update Department records when the original charge is subsequently changed. PROCEDURE When a change of charge on a prisoner previously arrested is indicated: ARRESTING OFFICER 1. Notify desk/booking officer. DESK/BOOKING OFFICER 2. Correct original copy of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) if not yet forwarded. 3. Prepare ARREST REPORT - SUPPLEMENT (PD244-157) if ON-LINE BOOKING SYSTEM ARREST WORKSHEET was forwarded. 4. Show the change in degree of the crime and the reason for the change. 5. Forward the original ARREST REPORT - SUPPLEMENT to Data Integrity Unit. 6. File the yellow copy with precinct copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET. 7. Deliver pink copy to arresting officer. 8. Report the facts concerning the change in the degree of the crime on COMPLAINT FOLLOW-UP (PD313-081). 9. Instruct the arresting officer, if assigned to a precinct other than the precinct of arrest, to notify his immediate supervisor of the change. FORMS AND REPORTS ARREST REPORT SUPPLEMENT (PD244-157) COMPLAINT FOLLOW-UP (PD313-081) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-18 Processing Arrests Effected By Housing Bureau Personnel At Precinct Stationhouses Date Effective: 01-01-00 PURPOSE To provide guidelines for processing arrests effected by Housing Bureau personnel at precinct stationhouses. PROCEDURE When an arrest is effected by a uniformed member of the service assigned to the Housing Bureau: ARRESTING OFFICER 1. Remove prisoner to the appropriate precinct stationhouse of arrest, when police service area command is not authorized for the processing of prisoners. NOTE: Housing Bureau uniformed members of the service will continue to have arrests verified at the scene. If that is not possible, the Housing Bureau supervisor will contact the desk officer/arresting officer to ascertain the details of the arrest, ensure the arrest is verified and that all necessary follow-up activities are completed in an expeditious manner. 2. Comply with the appropriate arrest procedures and/or the instructions from the precinct desk officer. DESK OFFICER 3. Ensure that Housing Bureau uniformed members of the service are entered in the Command Log and Interrupted Patrol Log upon entering the stationhouse. IF A DESK APPEARANCE TICKET (PD260-121) IS TO BE ISSUED: 4. Ensure that precinct personnel are available to access FINEST machine to process necessary warrant checks. ARRESTING OFFICER 5. Comply with P.G. 208-27, "Desk Appearance Ticket - General Procedure". ALL OTHER ARRESTS (FELONY, MISDEMEANOR AND PRISONER DOES NOT QUALIFY FOR A DESK APPEARANCE TICKET, ETC.) ARRESTING OFFICER 6. Process according to existing Department arrest procedures, except: a. In the borough of Manhattan, when an arrest has been effected for a Housingrelated misdemeanor offense which utilizes a Supporting Deposition, the "Expedited Affidavit Program (EAP)" guidelines will be adhered to. NOTE: All of the above described arrests must be verified by a Housing Bureau supervisor either at the scene or by contacting the desk officer/arresting officer at the stationhouse. 7. Prepare and sign a COMPLAINT REPORT prior to leaving for the borough Court Section facility. NOTE: Transportation to the borough Court Section facility will be provided by Housing Bureau personnel, if available. However, if precinct personnel are responding to the borough Court Section facility and the Housing Bureau uniformed member of the service and the prisoner can be transported, the Housing Bureau uniformed member of the service may proceed to the borough Court Section with precinct personnel. In all other cases, the arresting officer will report to the Complaint Room for affidavit preparation. The Housing Bureau unformed member of the service will deliver to the PSA a copy of the ON LINE BOOKING SYSTEM ARREST REPORT (PD244-159) including arrest number, after completion of affidavit preparation. DESK OFFICER 8. Ensure that COMPLAINT REPORTS and ON LINE BOOKING SYSTEM ARREST WORKSHEETS prepared for incidents occurring on Housing Authority jurisdictions include jurisdiction code "02." ADDITIONAL DATA All Housing Bureau commands which currently utilize "DAT Express" processing procedures will continue to do so. For any arrest effected by other than Housing Bureau personnel for an offense committed on Housing Authority property, a copy of the COMPLAINT REPORT will be FAXED to the Housing Bureau PSA having jurisdiction. The Housing Bureau locations and FAX numbers are: HOUSING BUREAU POLICE SERVICE AREA LOCATIONS PSA LOCATION FAX NUMBER 1 2860 West 23rd Street Brooklyn, New York 11224 (718) 265-7316 2 560 Sutter Avenue Brooklyn, New York 11207 (718) 922-6805 3 25 Central Avenue Brooklyn, New York 11201 (718) 386-4488 (WHITMAN SATELLITE) (76, 78, 84, 88 Precincts) 4 Auburn Place Brooklyn, New York 11205 (718) 858-7161 (718) 265-7300 4 18-22 Jackson Avenue New York, New York 10002 (212) 375-9388 5 1385 Fifth Avenue New York, New York 10029 (212) 860-4224 6 2690 Eighth Avenue New York, New York 10030 (212) 694-7706 7 737 Melrose Avenue Bronx, New York 10451 (718) 292-0327 8E 2794 Randall Avenue Bronx, New York 10465 (718) 792-8293 8N (47, 49, 50, 52 1165 East 229th Street Bronx, New York 10466 (718) 515-0892 Precincts) 9 (POMONOK) 155-09 Jewel Avenue Flushing, New York 11365 (718) 591-7695 9 (RAVENSWOOD) (108 and 114 Precincts) 34-41 21st Avenue Long Island City, New York 11106 (718) 786-0725 RELATED PROCEDURES Desk Appearance Ticket - General Procedure (P.G. 208-27) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST REPORT (PD244-159) P.G. 208-19 Processing Arrests Effected By Transit Bureau Personnel At Precinct Stationhouses Date Effective: 01-01-00 PURPOSE To provide guidelines for processing arrests by Transit Bureau uniformed members of the service at precinct stationhouses. PROCEDURE When an arrest is effected by a uniformed member of the service assigned to the Transit Bureau: ARRESTING OFFICER 1. Remove prisoner to the appropriate precinct stationhouse of arrest when transit district command is not authorized for the processing of prisoners. (See O.G. 101-04, "Chief of Department," for a complete listing of Transit Bureau posts/train stations and corresponding precinct of record for arrest and report processing). NOTE: Transit Bureau uniformed members of the service will have arrests verified by a Transit Bureau supervisor at the scene. If that is not possible, the Transit Bureau supervisor will contact the desk officer/arresting officer at the precinct stationhouse to ascertain the details of the arrest, ensure the arrest is verified and that all necessary follow-up activities are completed in an expeditious manner. 2. Comply with the appropriate arrest procedures and/or instructions from the precinct desk officer. PRECINCT DESK OFFICER 3. Ensure that the Transit Bureau uniformed members of the service are entered in the COMMAND LOG and INTERRUPTED PATROL LOG upon entering the precinct stationhouse. IF A DESK APPEARANCE TICKET (PD260-121) IS TO BE ISSUED: 4. Ensure that appropriate precinct personnel are available to access FINEST terminal applications and conduct necessary warrant, recidivist, parole/probation checks, etc. ARRESTING OFFICER 5. Comply with P.G. 208-27, "Desk Appearance Ticket - General Procedure" and P.G. 20828, "Identification Standards For Desk Appearance Tickets." a. Utilize pre-packaged arrest package available in each precinct. NOTE: Any additional Transit Bureau specific forms, (e.g., Field Investigation Worksheet [TP-67]) will be provided for and prepared by, the arresting officer or the responding Transit Bureau supervisor. 6. Hand deliver the completed DESK APPEARANCE PACKAGE OR the arresting officer's copy of the OLBS WORKSHEET, COMPLAINT REPORT AND DESK APPEARANCE TICKET, as appropriate, to the transit district desk officer for entry into their On Line Transit Police System (OLTPS). ALL OTHER ARRESTS (FELONY, MISDEMEANOR OR PRISONER DOES NOT QUALIFY FOR A DESK APPEARANCE TICKET, ETC.) 7. Process according to existing Department arrest procedures, except: a. The arrest effected is for a transit related misdemeanor that utilizes a Supporting Deposition. Transit related misdemeanor arrest cases will be processed according to that borough's "Transit On Line Arrest FAX Program" guidelines. 8. Prepare and sign a COMPLAINT REPORT (PD313-152) prior to leaving for the borough Court Section facility. NOTE: The Transit Bureau uniformed member of the service will deliver to the Transit District a FIELD INVESTIGATION WORKSHEET (TP-67) and a copy of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) including arrest number, after completion of drawing of complaint at the Complaint Room. PRECINCT DESK OFFICER 9. Ensure that COMPLAINT REPORTS and ON LINE BOOKING SYSTEM ARREST WORKSHEETS prepared for incidents occurring on New York City Transit systems (on-system) include Jurisdiction Code "01" (NYPD Transit Bureau) in appropriate captions. NOTE: Members assigned to the Transit Bureau will continue to enter Reporting Agency Code "01" in appropriate captions of COMPLAINT REPORTS and OLBS WORKSHEETS. 10. Provide for transportation of the Transit Bureau uniformed member of the service and prisoner to the appropriate borough court section facility in cases where Transit Bureau radio mobile patrols are not available. ADDITIONAL DATA In all arrests effected by other than Transit Bureau personnel for an offense committed on New York City Transit facilities, the precinct desk officer must ensure that a copy of the ON LINE BOOKING SYSTEM ARREST REPORT (with the arrest number entered) is FAXED by the arresting officer to the desk officer of the transit district concerned. In addition to arrest processing, the listing of Transit Bureau posts/train stations identifies the corresponding precinct of record for the preparation of COMPLAINT REPORTS and/or FIELD INVESTIGATION REPORTS, as well as other police reports (e.g., AIDED REPORT WORKSHEETS [PD304-152b], JUVENILE REPORTS [PD377-151], PARKING VIOLATION/MOVING/CRIMINAL COURT SUMMONSES, etc.) Precinct commanding officers shall regularly confer with their Transit Bureau commanding officer counterpart(s) in order to keep fully apprised of crime conditions and patterns associated with Transit Bureau posts. They will jointly develop strategies to suppress crime along precinct boundaries and surrounding areas, regardless of the jurisdiction of such posts. RELATED PROCEDURES Desk Appearance Tickets - General Procedure (P.G. 208-27) Identification Standards For Desk Appearance Tickets (P.G. 208-28) P.G. 208-20 Turnover" Arrests Date Effective: 01-01-00 PURPOSE To assign a uniformed member of the service to prepare arrest paperwork, criminal court complaints and process an arrest through the court system for an arrest made by another uniformed member of the service. SCOPE An assigned officer may be designated in the following circumstances: a. Injury to arresting officer b. Arrest by an off-duty member c. DESK APPEARANCE TICKET (PD260-121) d. Arrest for other authorities e. Delegated arrest on a warrant f. Mass arrests at demonstrations, details or disorders g. Arrest by a civilian, except as provided by P.G. 208-04, "Arrest By A Civilian" h. Family Court Arrests i. Order of Protection j. Other circumstances, when directed by a uniformed supervisor. PROCEDURE When an arrest is to be processed as a "turnover" arrest: ARRESTING OFFICER 1. Follow appropriate arrest processing guidelines. DESK OFFICER/PATROL/DETAIL SUPERVISOR 2. Determine if arrest is to assigned to another uniformed member of the service. NOTE: Supervisors should identify the arresting officer at the earliest opportunity and make an entry in their ACTIVITY LOG (PD112-145) after approving the arrest. 3. Designate an assigned officer. NOTE: An assigned officer may be designated by a patrol supervisor, desk officer or other ranking officer in charge of a detail. Under no circumstances may an arresting officer turn over an arrest to another officer without the knowledge and approval of a supervisor. DESK OFFICER 4. Make Command Log entry indicating: a. Identification of arresting officer b. Identification of assigned officer c. Details of arrest concerned d. Whether or not the assigned officer has re-interviewed the civilian complainant, and any necessary civilian witnesses. NOTE: When an arresting officer is authorized by a supervisor to turn over an arrest, the assigned officer must personally re-interview a civilian complainant and any necessary civilian witnesses, in order to prevent double "hearsay" and to prepare a criminal complaint. DESK OFFICER 5. Assign a uniformed member of the service to provide transportation to civilian(s) for re-interview, if possible. ASSIGNED OFFICER 6. Re-interview civilian complainant and any necessary civilian witnesses. 7. Immediately notify a supervisor and comply with P.G. 207-09, "Follow-Up Investigation Of Complaints Already Recorded," if new information or a discrepancy arises concerning the offense(s) charged. DESK OFFICER/PATROL/COURT SECTION SUPERVISOR 8. Ensure that re-interview has been conducted prior to arresting officer being assigned to other duties. NOTE: When completing the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) assigned officers should be directed to check "YES" on line 5 (Officer Assigned) caption, and print the arresting officer's information on lines 1, 2, and 31. ADDITIONAL DATA Testimony in court must offer only the facts accurately presented under oath. The outcome of a criminal case may be determined by the thoroughness of the police investigation, the constitutionality of the arrest, and the accurate presentation of oral testimony and physical evidence by the arresting officer or assigned officer. All questions should be answered to the best of a member's recollection, without embellishment or volunteering personal opinions or conclusions. The Department's reputation for veracity is based upon each member's total adherence to the highest standards of truthfulness. Violations of this policy will be the subject of criminal prosecution and internal disciplinary procedures. RELATED PROCEDURES Follow-Up Investigation Of Complaints Already Recorded (P.G. 207-09) Arrest By A Civilian (P.G. 208-04) Arraignment (P.G. 211-02) Duties And Conduct In Court (P.G. 211-11) FORMS AND REPORTS ACTIVITY LOG (PD 112-145) DESK APPEARANCE TICKET (PD 260-121) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD 244-159) P.G. 208-21 Arrests-"Finest" Checks And "Nitro" Debriefing Date Effective: 01-01-00 ARRESTING OFFICER/ARREST PROCESSING OFFICER 1. Comply with the provisions of P.G 208-02, "Arrests - Removal To Department Facility For Processing, P.G. 208-03, "Arrests - General Processing, P.G. 208-15, "Arrest Report Preparation At Stationhouse" and the following: LICENSE CHECKS THROUGH FINEST USING "D.A.L.L." FORMAT To strengthen the prosecution of auto larceny cases, all uniformed members of the service perform a license check through FINEST, using the "D.A.L.L." format, on all defendants arrested for the following: a. Driving a stolen vehicle, OR b. Driving an auto with an altered vehicle identification number (V.I.N.), OR c. Possession of stolen license plates. WARRANT NAME CHECKS VIA FINEST Prior to releasing a prisoner who is being issued a DESK APPEARANCE TICKET (PD260-121) at the precinct of arrest, a warrant name check of local/state/federal files will be conducted via FINEST. If a "HIT" is revealed, such "HIT" will be circled on the FINEST printout. The caption "Search Completed" will also be circled and signed by the FINEST operator. If there is "NO HIT," the words "NO HIT" will be entered adjoining the same caption. If prisoner is released at precinct of arrest, attach FINEST print-out to file copies of arrest papers. If prisoner is removed to borough Court Section facility, attach FINEST print-out to prisoner's papers. If FINEST terminal is inoperative, request the patrol borough Finest operator to conduct the name check. Should the borough terminal also be inoperative, an adjoining precinct will be requested to conduct the name check. If the entire Finest system is out of service for more than twenty (20) minutes, the Central Warrant Unit will be requested by telephone to process the name check. DEBRIEFING OF NARCOTICS ARRESTEES Narcotics Investigative Tracking of Recidivist Offenders (NITRO) Unit personnel will debrief selected felony arrestees as follows: a. Whenever any arrest is made for a New York State felony narcotics offense within the city between 0800 hours and 2400 hours, the arresting officer must call the Narcotics Borough NITRO Unit concerned to provide pertinent arrest incident data, and receive a NITRO log number before booking the prisoner. Between 2400 hours and 0800 hours, the arresting officer will call the Organized Crime Control Bureau, Field Operations Desk at (212) 374-6620. The arresting officer will record the NITRO log number on the top center of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). Telephone numbers of borough NITRO Units are as follows: Bronx Brooklyn North Brooklyn South Manhattan North Manhattan South Queens Staten Island (718) (718) (718) (212) (212) (718) (718) 378-8784 573-5066 921-4051 426-2733 760-8349 468-3228 876-6858 or (718) 378-8785 or (718) 573-5035 or (718) 921-4052 or (212) 760-8350 or (718) 468-3374 b. The NITRO Unit member receiving the telephone notification will determine the usefulness of officially debriefing the arrestee based upon: (1) Name check inquiry, re: arrestee's criminal status, i.e., Career Felony-Drug Offender, etc. (2) Drug weight possessed by arrestee. (3) Cash possessed by arrestee. c. If the debriefing of the arrestee is deemed worthwhile, the NITRO Unit member will advise the arresting officer to make the arrestee available at a designated location, will respond to that location, and debrief the prisoner using the Narcotics Information Survey Sheet. FORMS AND REPORTS DESK APPEARANCE TICKET (PD260-121) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) RELATED PROCEDURES Arrests - Removal To Department Facility For Processing (P.G. 208-02) Arrest - General Processing (P.G. 208-03) Arrest - General Search Guidelines (P.G. 208-05) Arrests - Security Measures (P.G. 208-06) Preparation Of Arrest Related Documents At The Stationhouse (P.G. 208-15) P.G. 208-22 Access Procedures For The Master Warrant File Date Effective: 01-01-00 PURPOSE To access information from the warrant master file computer system. PROCEDURE Whenever it is necessary to conduct a warrant name check via FINEST Terminal/Local Area Network System computer. MEMBER CONCERNED 1. Conduct a Warrant Name Check/Basic Name Search by entering the following data into FINEST SYSTEM/MIS: a. Type: WNAM/prisoner's LAST name/FIRST name/SEX (M or F)/DATE OF BIRTH (if not known, type in 000000) or range of age b. Depress ENTER key. NOTE: If the FINEST System response displays the name of the subject or prisoner's name as entered, and if followed by pedigree information on the name, which includes "matching date of birth," NYSID # and/or, docket number, if any, and an OCA # appears, this is an indication of a "POSSIBLE WARRANT" OR "HIT". This information is related to an open investigation or criminal history on a subject identified as a recidivist or target narcotic violator. 2. Conduct a search of the state and federal warrant files, if necessary, as follows: a. Access the FINEST MESSAGE SWITCHING SYSTEM (MSWS) mode via MIS. (Password code required). NOTE: This function is performed by typing MIS and then pressing the ENTER key. The MIS log will then be displayed on the screen. Press CLEAR key. Type MSWS and press ENTER key. FINEST logo will then be displayed. Fill in TAX # and "authorized" PASSWORD code. Press ENTER key. Main menu will then be displayed. Select the caption NYSPIN INFORMATION FUNCTIONS by typing "X" in the left margin on line with function of choice, then Press ENTER key. Sub-menu appears. Select WINQ (state and federal warrant inquiry) by typing I in left margin on line with function of choice, then Press ENTER key. b. Enter the data required on the line titled "WINQ" formatted as follows: (1) Name Field - Last name, First name (space) Middle initial (2) DOB - date of birth must be six (6) digits Example: 01 01 Mo. Day (3) Sex - Male = M; Female = F 51 Yr. (4) Race - W = White; B = Black, etc. c. Obtain response to the WINQ request by pressing the PF24 key to display message on the screen NOTE: In the upper left portion of the screen, Messages: # Total: # will be displayed. The number in the message box represents the number of messages that can be accessed from WINQ. The Total: # includes messages from other sub-menu functions. d. Utilize PF 14 key to go to the next page of the message, if response is multipage (i.e., page 1 of 10). (1) All the pages of the message must be viewed. e. Print messages by pressing the INDENT key to printout contents on the screen. NOTE: PF keys may be different on LAN terminals. IF OCA # DESIGNATIONS BEGINS WITH THE LETTER "Q:" NOTE: OCA # designation that begins with the letter "Q" are not warrants and this designation does not permit a hold on the subject unless other charges are made. These "Q" designations require a notification to the originator as displayed on the screen. 3. Notify originator concerned, as follows: a. Q652000 series is a MISDEMEANOR RECIDIVIST. Room/ADA). ORIGINATOR: Boro/ECAB (Complaint NOTE: This notification is intended to identify career misdemeanants and secure their immediate arraignment. It is designed to vigorously prosecute misdemeanor defendants with a substantial record of previous arrests and convictions, coupled with a history of failure to appear in court. NO DESK APPEARANCE TICKET WILL BE ISSUED TO DEFENDANTS IDENTIFIED AS MISDEMEANOR RECIDIVISTS. b. Q653000 series is a NYC FIREARM VIOLATOR. ORIGINATOR: NITRO UNIT concerned. (1) Notify Narcotics Division, Borough NITRO Unit concerned if firearms arrest has an additional felony narcotic arrest. NOTE: These notifications are necessary when any person is arrested and a firearm is involved (used or possessed). c. Q654000 series is an ARMED CAREER CRIMINAL. TASK FORCE. ORIGINATOR: OCCB/ATF JOINT FIREARMS (1) An automatic notification, via FINEST System, to the Organized Crime Control Bureau/Bureau of Alcohol, Tobacco and Firearms Joint Firearms Task Force is initiated in these cases. NOTE: Persons in custody, who are categorized with a "Q" letter designation, will not be eligible to receive a Desk Appearance Ticket. (See P.G. 208-27, "Desk Appearance Ticket - General Procedure") IF OCA # DESIGNATIONS BEGIN WITH THE LETTER "X:" NOTE: OCA # designations that begin with the letter "X" are not warrants and this designation does not permit a hold on the subject unless other charges are made. These "X" designations require a notification to the Borough NITRO Unit concerned. This notification is intended to coordinate, develop, maintain and disseminate narcotics intelligence information. The NITRO Unit concerned will issue appropriate instructions. 4. Notify Borough NITRO Unit concerned, if OCA # designations are preceded by the letter "X", as follows: NITRO UNITS Central Bronx SATCOM/Brooklyn North Brooklyn South Manhattan North Manhattan South Queens TELEPHONE NUMBER (212) 374-2312 (718) 378-8784, 85, 86 (718) 573-5066, 67 (718) 921-4051, 52 (212) 426-2733 (212) 760-8350 (718) 468-3228, 3374 (718) 468-4340, 4750 (718) 420-3572 (718) 876-6858 Staten Island Organized Crime Control Bureau Field Operations (2400 - 0800 hours) (718) 374-6620 NOTE: Persons in custody who are categorized with an "X" letter designation will not be eligible to receive a Desk Appearance Ticket. IF OCA # DESIGNATIONS BEGIN WITH THE LETTER "I:" NOTE: OCA # designations that begin with the letter "I" are not warrants and this designation does not permit a hold on the subject unless other charges are made. These "I" designations require a notification to the Investigation Desk which is made to insure that the detective/investigator originating the "I" investigation is notified when the subject under investigation is arrested. Arresting officer should make every effort to notify Detective Squad concerned immediately. 5. Notify Investigation Desk at (212) 374-5163, if OCA # designations are preceded by the letter "I." MEMBER CONCERNED INVESTIGATION DESK 6. Confirm "HIT." 7. Issue appropriate instructions as per P.G. 208-23, "Computerized Investigation Card System." NOTE: WARRANTS Warrants are issued ORIGINATING CASE AGENCY (OCA) SERIAL NUMBERS by the Warrant Section to identify the warrant as follows: LETTER Designates the TYPE OF WARRANT and COURT OF ISSUANCE, Followed by YEAR. YEAR Designates the year issued. Followed by NUMBER. NUMBER Indicates the BOROUGH DESIGNATION of the court and is followed by an additional/sequential number. Borough Designation # Manhattan - 1, Brooklyn - 2, Bronx - 3, Queens - 4, Richmond - 5 An example of an OCA # follows: OCA # R9710001 R ==> Supreme Court/Bench Warrant 97 ==> Year of Issuance 1 ==> Manhattan 00001 ==> The first Supreme Court/Bench Warrant issued in Manhattan during the year 1997. The following is a list of the OCA # letter designations indicating WARRANT TYPE and COURT OF ISSUANCE: LETTER A C D E F H J N P R S T V W Y Z Q TYPE OF WARRANT Summons Bench Warrant/MISD. Bench Warrant/FELONY Arrest Warrant Arrest Warrant P.I.N.S. Juvenile Delinquent Abuse/Neglect Violation Probation Bench Warrant Parole Violator Training School Bench/FEL vs Person Support Material Witness Fugitive Warrant Recidivist COURT Criminal Court Criminal Court Criminal Court Criminal Court Supreme Court Family Court Family Court Family Court Supreme Court Supreme Court Dept. of Parole Div. for Youth Fac. Criminal Court Family Court D.A. Office F.O.A. Not a warrant X I Narcotic Violator Investigation Not a warrant Not a warrant VERIFICATION C.R.I.M.S. C.R.I.M.S. C.R.I.M.S. C.R.I.M.S. C.R.I.M.S. Family Court Family Court Family Court C.R.I.M.S. C.R.I.M.S. WD/T.I.U. WD/T.I.U. C.R.I.M.S. Family Court WD/T.I.U. WD/T.I.U. Notify Unit Concerned NITRO Inv. Desk/Det. Squad Concerned After conducting a WNAM search and the inquiry reveals a OCA # designation preceded by the letter A, C, D, F, H, J, N, P, R, S, T, V, W, Y, or Z, this is an indication of POSSIBLE WARRANT and is not sufficient authority for arrest. MEMBER CONCERNED 8. Conduct a WOCA # inquiry. NOTE: This search will provide the entire warrant data on the specific warrant OCA # as required. In addition, as part of the enhancement of the warrant master file, the WOCA function no longer requires CICS/CSSN sign-on (retrieved via MIS). 9. Clear screen. 10. Type in: Check). Code letters WOCA/followed by OCA # (retrieved from Basic WNAM/Name NOTE: The OCA # has nine (9) character positions, e.g., WOCA/R97100001. 11. Press ENTER key. 12. Retrieve PRINTOUT RESPONSE. 13. Type in: LOGOFF (to clear screen). 14. Press ENTER key. IF OCA # DESIGNATION BEGINS WITH THE LETTER A, C, D, E, F, P, R, V, Y OR Z: (CRIMINAL COURT OR SUPREME COURT WARRANTS) 15. MUST conduct a further inquiry via Criminal Record Information and Management System (C.R.I.M.S.) court computer application, which will provide "the last status of the warrant." NOTE: Family Court and Parole Warrant status cannot be verified utilizing the Criminal Record Information and Management System (C.R.I.M.S.) court computer application. If WNAM/BASIC Search indicates letter designations H, J, N, T, or W, these are Family Court warrants and require verification from the Family Court concerned (see below listed telephone numbers). A docket number is needed. FAMILY COURT Manhattan Brooklyn Bronx Queens Staten Island WARRANT SECTION LIAISON # (212) 374-8630 (718) 643-8860 (718) 590-3398 (718) 523-9754/57 (718) 876-8592 RECORD ROOM # (212) 374-8779 (718) 643-5811 (718) 590-3425 (718) 520-3881/84 (718) 390-5460/61 The above telephone verifications are to be done during Family Court business hours, 0900 to 1700 hours, Monday through Friday. "J" (Juvenile Warrants) can be verified by contacting Youth Records (Identification Section) at (212) 374-5570. If WNAM/Basic Search indicates letter designation "S," this is a Parole Warrant and must be verified by the Warrant Section, Telephone Inquiry Unit (718) 217-8484. TO GAIN ACCESS TO C.R.I.M.S. FOR WARRANT VERIFICATIONS: 16. Clear screen and type LOGOFF or CSSF LOGOFF. 17. Press ENTER (shield will appear). 18. Clear screen and type OCA. 19. Press ENTER (CICS-VS [Unified Court System] screen will appear). 20. Type in MODU and press ENTER. (Not necessary in LANS computers). 21. Clear screen and type CSSN. 22. Press ENTER (CICS screen appears with entry for PERSONAL DETAILS). 23. Type in: a. PUBLIC - for name b. PUBLIC - for password. NOTE: As you type in PASSWORD, it will not appear on screen. 24. Press ENTER (screen will now display SIGN-ON IS COMPLETE). 25. Type SIGN. 26. Press ENTER (OCA/CICS Application screen appears). 27. Type in: a. CRMS - for APPLICATION ID, and b. PUBLIC - for OPERATOR ID. 28. Position cursor to PASSWORD and utilize one (1) of the appropriate COUNTY PASSWORD CODES, as follows: COUNTY New York Bronx Kings Queens Staten Island PASSWORD CODE NY BX KN QU SI NOTE: The C.R.I.M.S. system can only be searched by county/borough. This program does not search citywide. The OCA/CICS Application Screen is the "hub" to the C.R.I.M.S. program. 29. Type in appropriate COUNTY CODE. 30. Press ENTER (IDENTIFIER SCREEN will appear automatically in county designated). 31. Type in Docket #, or Arrest #, or NYSID #. 32. Press ENTER. NOTE: IMPORTANT HELPFUL KEYS - ENTER key (advances page); PF 5 key (scrolls back); PF 4 key (retrieves APPLICATION ID screen used to access other boroughs); PF 3 key (retrieves IDENTIFIER screen). The primary purpose of conducting this inquiry is to verify the status of warrants. In an effort to ensure that the information in C.R.I.M.S. is interpreted properly, a list of court dispositions that indicate a warrant has been ordered on the defendant's last court appearance has been compiled as follows: CRIMINAL COURT Abbreviation Literal Meaning W.O. B.F.W.O. C.W.O. P.R.W.O. Warrant Ordered Bail Forfeited, Warrant Ordered Complaint and Arrest Warrant Ordered Parole Revoked, Warrant Ordered SUPREME COURT S.I.A.W.O. T.C.A.W.O. T.F.G.I.A.W.O. Sentence Imposed in Absentia, Warrant Ordered Trial Conducted in Absentia, Warrant Ordered Tried and Found Guilty in Absentia, Warrant Ordered ADDITIONAL DATA If C.R.I.M.S. response to inquiry indicates "NO PUBLIC RECORD" or "PURGED CASE" on an "A" warrant (summons) or "C" warrant (misdemeanor), the warrant has been VACATED. If same response on any other warrant, verify with the court of issuance. If a response indicates "NO RECORD FOUND," make inquiry with NYSID #, if available. Additional C.R.I.M.S. instructions are provided in C.R.I.M.S. Manual BM 633 (10-92) Court Computer Program for Warrant Verification. Where any doubt exists, a verification should be made directly from the court records or if unable to determine warrant status via C.R.I.M.S. at the precinct level or if there are any operational questions, contact the Warrant Section, Telephone Inquiry Unit at (718) 217-8484. Provide Telephone Inquiry Unit member concerned with: arresting officer's name, shield #, tax registry #, call back telephone number, name of subject, subject's date of birth, warrant OCA #, docket # (if available) and NYSID # (if any). THIS INQUIRY IS TO BE MADE ONLY AFTER A NAME CHECK VIA FINEST (WNAM) IS PERFORMED AT A PRECINCT/UNIT COMMAND. If FINEST terminal is inoperative, request patrol borough FINEST operator to conduct the name check. If the borough terminal is also inoperative, an adjoining precinct will be requested to conduct name check. If FINEST is inoperative for more than twenty (20) minutes, the Warrant Section, Telephone Inquiry Unit will be requested by telephone to process name check. If system functional problems are encountered, contact the Management Information Systems Division, Help Desk at (212) 374-3800. RELATED PROCEDURES Computerized Investigation Card System (P.G. 208-23) Desk Appearance Ticket - General Procedure (P.G. 208-27) P.G. 208-23 Computerized Investigation Card System Date Effective: 01-01-00 PURPOSE To ensure that an investigator originating an [I.O. 38 s 02] INVESTIGATION REPORT WORKSHEET (PD373-62), is notified when the wanted person is arrested or detained. PROCEDURE When processing an arrest or conducting an investigation in non-arrest situations: ARREST SITUATIONS ARRESTING OFFICER 1. Follow appropriate arrest processing guidelines. 2. Determine if the prisoner is wanted as a result of [I.O. 38 s 02] INVESTIGATION REPORT WORKSHEET having been filed by the following data entered into the FINEST System at the precinct of arrest: a. Code letters WNAM to initiate the inquiry b. Prisoner's last name, first name, sex (M or F) and, if known, date of birth. NOTE: If a "hit" is revealed, such "hit" will be circled on the FINEST printout. The caption "Search Completed" will also be circled and signed by the FINEST operator. If there is "no hit," the words "no hit" will be entered adjoining the same caption. If the FINEST system exhibits the prisoner's name followed by an OCA number that begins with the letter "I", the member conducting the inquiry will record the number, clear the screen, enter "INIQ/I" and the nine (9) digit number that follows the letter "I". The arresting officer will telephone the Investigations Desk ([212] 374-5163) and notify the member on duty thereat. The Investigations Desk will confirm the "hit" and issue appropriate instructions. 3. Have an additional inquiry of the FINEST System made, if the prisoner's NYSID number is known by inputting: a. Code letters WNYS, followed by prisoner's NYSID number. (This inquiry may show prisoner is wanted under different name). 4. Make an ACTIVITY LOG (PD112-145) entry of the information received on the "hit," including name of the [I.O. 38 s 02] Wanted Desk member contacted, command originating [I.O. 38 s 02] INVESTIGATION REPORT WORKSHEET, etc. [I.O. 38 s 02] WANTED DESK MEMBER 5. Verify the "hit" and review data on subject. 6. Record name, shield number and command of arresting/notifying officer. 7. Notify detective borough "wheel" of details of "hit," including name and command of investigator who submitted [I.O. 38 s 02] INVESTIGATION REPORT WORKSHEET. 8. Record name and shield number of detective borough "wheel" receiving notification. NON-ARREST SITUATIONS MEMBER CONCERNED 9. Comply with steps 2, 3, 4 and NOTE above. NOTE: In non-arrest situations, the existence of an [I.O. 38 s 02] INVESTIGATION REPORT WORKSHEET is insufficient authority, in itself, to hold a person in custody. Accordingly, when a subject, not under arrest, voluntarily accompanies a uniformed member of the service to a precinct for investigation, the uniformed member of the service will inform the subject he/she is free to leave at any time. 10. Confirm "hit" by calling [I.O. 38 s 02] Wanted Desk (212) 374-5163. 11. Advise that it is a NON-ARREST SITUATION. 12. Make ACTIVITY LOG entry of information received on the "hit." 13. Ascertain from [I.O. 38 s 02] Wanted Desk the specific felony for which the subject is being sought and whether as perpetrator or witness. 14. Notify desk officer of "hit" and all pertinent facts. [I.O. 38 s 02] WANTED DESK MEMBER 15. Verify "hit" and review data on subject. 16. Record name, shield number and command of member confirming "hit" and present location of subject. 17. Notify detective borough "wheel" of details and name, shield number and command of member of the service confirming "hit" and location of the subject: ADVISE THAT IT IS A NON-ARREST SITUATION. 18. Record name and shield number of detective borough "wheel" receiving notification. DESK OFFICER/COUNTERPART 19. Advise subject that he/she is NOT under arrest and is free to leave at any time, unless specifically informed by the [I.O. 38 s 02] Wanted Desk that the person in question is to be arrested for the detective command concerned. 20. Request subject not under arrest to remain voluntarily when contacted by a member of the Detective Bureau, but assure subject that he/she is free to leave if the detective does not appear within a reasonable time; before subject leaves, attempt to verify his/her address or other pertinent facts. 21. Direct member of the service conducting the inquiry NOT to handcuff or otherwise physically restrain the subject. ADDITIONAL DATA If FINEST System is inoperable, request patrol borough FINEST operator to conduct the name check. Should the borough terminal also be inoperative, an adjoining precinct will be requested to conduct the name check. If the entire FINEST System is out of service for more than twenty (20) minutes, the Central Warrant Unit will be requested by telephone to process the name check. [I.O. 38 s 02] INVESTIGATION REPORT WORKSHEET will be cancelled in accordance with the following schedule: a. AFTER TWO (2) YEARS - Designated HOMICIDES, as indicated: (1) Manslaughter - First Degree (2) Murder - Second Degree (3) Murder - First Degree b. AFTER ONE (1) YEAR - violent felonies, as indicated: (1) Assault - Second Degree (2) Assault - First Degree (3) Aggravated Assault on a police officer (4) Rape - First Degree (5) Sodomy - First Degree (6) Sexual Abuse - First Degree (7) Aggravated Sexual Abuse (8) Kidnapping - Second Degree (9) Kidnapping - First Degree (10) Burglary - Second Degree (11) Burglary - First Degree (12) Arson - Second Degree (13) Arson - First Degree [I.O. 38 s 02] (14) Robbery - Third Degree (15) Robbery - Second Degree (16) Robbery - First Degree (17) Possession of a Dangerous Weapon - Third Degree (18) Possession of a Dangerous Weapon - Second Degree (19) Possession of a Dangerous Weapon - First Degree (20) Criminal Use of a Firearm - Second Degree (21) Criminal Use of a Firearm - First Degree (22) Criminal Sale of a Firearm c. AFTER SIX (6) MONTHS - All other felonies. FORMS AND REPORTS ACTIVITY LOG (PD112-145) [I.O. 38 s 02] INVESTIGATION REPORT WORKSHEET (PD373-62) P.G. 208-24 Identification Lineups/Showups Date Effective: 01-01-00 PURPOSE To ensure fair and proper proceedings when lineup/showup identifications are conducted. DEFINITION IDENTIFICATION LINEUP - Placing of criminal suspect in lineup with at least five (5) other persons for purpose of identification by victim or witnesses. IDENTIFICATION SHOWUP - Prompt, on-the-scene presentation of a suspect singly, in a one-to-one display, to an identifying witness, for expeditious identification and/or early release of an innocent suspect. PROCEDURE When a criminal suspect in police custody is to be placed in an identification lineup at stationhouse or other place of confinement: UNIFORMED MEMBER OF THE SERVICE 1. Resolve any doubt concerning need for, or legality of, conducting a lineup or showup by conferring with patrol supervisor/desk officer. NOTE: Suspect must be arrested before being forced to appear in a lineup. However, an arrest is not necessary if the suspect voluntarily consents to appear in a lineup. Identification procedures ordinarily are not necessary where the witness/victim and the perpetrator are known to each other, including relatives or other close acquaintances OR the perpetrator is apprehended by a police officer in the act of committing the crime. 2. Give suspect Miranda warnings, if he/she is to be interrogated before, during or after lineup. 3. Inform suspect that he/she will appear in lineup for purpose of identification in connection with a crime. 4. Do not advise suspect of the right to an attorney. 5. Inform suspect that he/she does not have a right to a lawyer if an attorney is requested for the lineup. NOTE: Prior to conducting lineup, detective supervisor concerned or a qualified supervisor of an investigative unit will be consulted and will personally supervise the entire procedure and ensure that LINEUP REPORT (PD373-141) is completed. 6. Permit an attorney who is present at the site of a lineup to observe manner in which lineup is conducted. a. Attorney may observe lineup from room where it is conducted or from any place where he/she cannot be observed. 7. Inform an attorney who contacts the police and states that he/she represents the suspect and that he/she wishes to be present when lineup is conducted, that the lineup will be delayed for a reasonable time to permit him/her to appear. NOTE: When determining what is a reasonable delay, the uniformed member conducting the lineup should consider whether the delay would result in a significant inconvenience to the witness OR would undermine the substantial advantages of a prompt identification. 8. Do not permit attorney to talk to witnesses participating in the identification of the suspects. 9. Inform attorney that suggestions concerning the lineup should be directed to the officer conducting the lineup. 10. Do not permit attorney to interfere when conducting a lineup. a. The uniformed member conducting the lineup may consider suggestions of the attorney to improve the fairness of the lineup if suggestions are reasonable and practical. DETECTIVE SUPERVISOR 11. Ensure lineup is conducted properly. 12. Have witnesses interviewed separately, prior to lineup. a. Obtain and record description of suspect. 13. Take precautions to prevent persons participating in lineup from being seen by witnesses prior to lineup. 14. Record the following: a. Details of procedure utilized b. Specific utterances of any person, e.g., speaking words used at crime scene c. Actions of participants required to facilitate identification, e.g., trying on clothing, etc. d. Responses or statements made by witnesses e. Names, addresses/commands of all persons present including police and other officials. 15. Prepare diagram with circles to represent position of each person in lineup. a. Instruct witness not to comment on recognition but indicate circle which represents person recognized. 16. Mark and retain diagram after identification. 17. Have suspect viewed with at least five (5) other persons who are unknown to witness. 18. Conduct separate lineup for each suspect apprehended. a. Use different fillers in each lineup. 19. Select lineup participants as follows: a. Same sex and race as suspect. b. Approximately same age, height and physical makeup as suspect: (1) If minors under eighteen (18) years of age are recruited as non-suspect lineup participants: (a) Obtain written permission of parent or legal guardian on CONSENT FORM - NONSUSPECT MINOR (PD 377-030), using English or Spanish version, as appropriate, prior to lineup. (b) Institute measures to isolate minors from harmful influences in area of lineup. (c) Have precinct youth officer present, if possible. (d) Prevent photographs of lineup from being used for purposes other than evidence. c. Similarly clothed. (1) Prevent wearing of any distinctive part of police uniform by police participants. (2) Cover unusual or distinctive clothing worn by suspect. d. Caution non-suspect participants against indicating position of suspect. e. Permit suspect to select position in lineup or, if refused, place suspect in fair position. 20. Prevent interrogation of suspect while being viewed by witness. 21. Do not require lineup participants to say or do anything unless all participants are required to do the same. 22. Refrain from assisting witness to identify suspect. 23. Prevent witnesses from speaking to each other before, during or after viewing lineup. a. Separate witnesses after each viewing. b. Do not indicate to witnesses if identification was or was not made. 24. Have witnesses view lineup separately. 25. Permit witnesses to view lineup from another room or hidden location, if necessary. a. Consider distance in this type of identification. 26. Allow masking of viewers when necessary. 27. Take color polaroid photographs of lineups being viewed by witnesses, when possible. Under no circumstances will black & white film be used. 28. Consult Legal Bureau or District Attorney if difficulties are encountered during lineup. ADDITIONAL DATA Emergency identification showups may be conducted when a witness is ill or injured and may die before proper identification procedures can be complied with. However, every effort should be made to institute lineup procedures and safeguards at the hospital. Criminal suspects may be returned to crime scene or held for viewing by a witness only if: a. Seizure of a suspect is effected within a reasonable time after the commission of the crime. (Usually, one (1) hour is considered reasonable but facts of case may permit increasing the time period) AND, b. Seizure of a suspect is effected within an area reasonably near the crime scene. (Consider distance that could reasonably be covered within time period given and under circumstances present) AND, c. Suspect is shown to witness in a fair and reasonable manner which is not unnecessarily suggestive. RELATED PROCEDURES Rights Of Persons Taken Into Custody (P.G. 208-09) FORMS AND REPORTS CONSENT FORM - NON-SUSPECT MINOR (PD 377-030) LINEUP REPORT (PD373-141) P.G. 208-25 First And Third Platoon Arrests Date Effective: 01-01-00 PURPOSE To provide directions to uniformed members of the service required to work beyond normal expiration of tour of duty after making first or third platoon arrests. PROCEDURE When a uniformed member of the service performing duty with the first or third platoon effects an arrest which results in working beyond the normal expiration of scheduled tour of duty and officer is scheduled to perform duty with the same platoon the following day: FIRST PLATOON ARRESTS UNIFORMED MEMBER OF THE SERVICE 1. Continue working beyond normal expiration of scheduled tour of duty, if required, to process arrest and comply with the following categories, as appropriate: CATEGORY A If officer returns from court WITHIN SIX (6) HOURS OF NEXT SCHEDULED 1ST PLATOON TOUR OF DUTY: Option (1) Perform next scheduled tour of duty with 1st Platoon, or Option (2) Request next scheduled 1st Platoon tour of duty be rescheduled to the 2nd Platoon tour of duty, or Option (3) Submit LEAVE OF ABSENCE REPORT (PD433-041) for excusal from the next scheduled tour of duty with 1st Platoon. CATEGORY B TOUR OF DUTY: Option (1) Returns from court AFTER COMMENCEMENT OF NEXT SCHEDULED 1st PLATOON Perform balance of the 1st Platoon tour of duty or Option (2) Submit LEAVE OF ABSENCE REPORT for excusal from the remainder of the 1st Platoon tour of duty. NOTE: Whenever a uniformed member of the service elects to perform the next scheduled 1st Platoon tour of duty or to complete the balance of the 1st Platoon tour of duty (OPTION 1 in CATEGORIES A and B), such officer will be assigned to appropriate police duties of a non-patrol/non-enforcement nature. THIRD PLATOON ARRESTS UNIFORMED MEMBER OF THE SERVICE 2. Continue working beyond normal expiration of scheduled tour of duty, if required, to process arrest and comply with the following categories, as appropriate. CATEGORY A Reaches the District Attorney's Complaint Room or other location designated for preparation of the court affidavit by 0800 hours, officer will automatically be rescheduled to the 2nd Platoon, and overtime ends as of 0800 hours, or CATEGORY B Does not reach the District Attorney's Complaint Room or other location designated for the preparation of the court affidavit by 0800 hours, officer continues on duty on overtime until Complaint Room processing is completed or until the start of his next scheduled tour of duty, whichever comes first. If arrest processing is completed prior to the start of next scheduled 3rd Platoon tour of duty, officer will be dismissed at that time. If arrest processing is not completed prior to the start of the next 3rd Platoon tour of duty, the officer will continue working that tour and upon return to command: Option (1) Complete remainder of scheduled tour, or Option (2) Request excusal for remainder of scheduled tour, needs of the service permitting. NOTE: A uniformed member of the service who elects to continue and complete scheduled 3rd Platoon tour of duty will be assigned to non-patrol/non-enforcement duty. ADDITIONAL DATA To enhance auditing procedures regarding court appearances with related overtime, uniformed members of the service will comply with the following when court attendance results in overtime: a. Attach OVERTIME REPORT (PD 138-064) to related COURT ATTENDANCE RECORD (PD468141) and submit to desk officer/supervisor for approval. b. Desk officer/supervisor will ensure that OVERTIME REPORTS and COURT ATTENDANCE RECORDS are properly prepared and attached as required. c. OVERTIME REPORTS submitted for attendance at court without the required COURT ATTENDANCE RECORD attached, shall NOT be approved by desk officer/supervisor without an investigation being conducted. d. After the desk officer/supervisor concludes the investigation, the overtime may be approved if appropriate. However, a copy of the report detailing the facts of the investigation will be attached to the OVERTIME REPORT in lieu of the missing COURT ATTENDANCE RECORD. NOTE: Payroll clerks shall process OVERTIME REPORTS with COURT ATTENDANCE RECORDS/Investigative Reports attached and file with related PAYMENT REQUESTS (PD 138066) as directed by A.G. 320-12, "Overtime Report." COURT ATTENDANCE RECORDS not involving overtime will continue to be filed as directed in P.G. 211-01, "Duties And Conduct In Court." The procedure outlined above will apply whether cash or time compensation is selected for the overtime and regardless of the reason for the court appearance. RELATED PROCEDURES Duties and Conduct in Court (P.G. 211-01) Overtime (P.G. 205-17) Overtime Report (A.G. 320-12) FORMS AND REPORTS COURT ATTENDANCE RECORD (PD468-141) LEAVE OF ABSENCE REPORT (PD433-041) OVERTIME REPORT (PD138-064) PAYMENT REQUESTS (PD138-066) P.G. 208-26 Forfeiture Proceedings For Seized Property Date Effective: 01-01-00 PURPOSE To retain custody of property (vehicles, money, etc.) seized during the course of an arrest or investigation as the proceeds of crime, or as a means of furthering a crime, or as a means of transporting or concealing illegal substances, or as unlawfully obtained. DEFINITION Property, including vehicles or money, for which forfeiture proceedings may be instituted: a. VEHICLES (1) Where the vehicle is used in used in the unlawful transportation of controlled substances, marijuana, gambling devices and/or records; or (2) Where the vehicle is used as a means of facilitating the sale or possession of controlled substances or marijuana, furthering illegal gambling, or committing any other criminal activity; or (3) Where the vehicle is unlawfully obtained or stolen and the true owner cannot be identified. b. ALL OTHER PROPERTY, EXCEPT CONTRABAND, WHERE THERE IS REASONABLE CAUSE TO BELIEVE THAT THE PROPERTY WAS: (1) Unlawfully obtained (owner not identified) (2) Stolen (owner not identified) (3) The means of committing, aiding or furthering a crime, or (4) The proceeds of crime. PROCEDURE When property is seized as evidence or for investigation under circumstances in which forfeiture proceedings may be initiated, follow normal arrest/invoicing procedures and: ARRESTING/INVESTIGATING OFFICER 1. Seize property. a. If no arrest is made, confer with immediate supervisor and obtain consent. b. Property will normally be seized for forfeiture in connection with a felony or misdemeanor arrest but may also be held for investigation, under certain circumstances, without an arrest, e.g., if the true owner is not yet determined or arrest of the true owner is contemplated. 2. Prepare PROPERTY CLERK'S INVOICE WORKSHEET (PD521-141A) or PROPERTY CLERK'S MOTOR VEHICLE/BOAT INVOICE WORKSHEET (PD571-147A), as appropriate. a. On PROPERTY CLERK'S INVOICE WORKSHEET, check box "Arrest Evidence" or "Investigatory Evidence," as appropriate. In addition, check box "Other" and make entry under "Remarks," "Held For Forfeiture Proceedings," and state reasons for forfeiture recommendation in detail. b. On PROPERTY CLERK'S MOTOR VEHICLE/BOAT INVOICE WORKSHEET, check box "Arrest Evidence" or "Investigation," as appropriate. In addition, check box "Forfeiture" and state reason under "Remarks" for forfeiture recommendation in detail. DESK OFFICER 3. Direct command clerk to type appropriate INVOICE from WORKSHEET. 4. Issue receipt to person from whom property was removed by utilizing pink copy (Prisoner Finder/Claimant) of appropriate property INVOICE. a. Have person acknowledge receipt of pink copy of INVOICE by signing the remaining copies. (1) If person refuses, note such fact on remaining copies. 5. Review facts and determine whether forfeiture is appropriate. NOTE: If the property to be forfeited is a vehicle seized by the Narcotics Division, a Request for Forfeiture Proceedings form should be prepared and forwarded directly to the Commanding Officer, Legal Bureau. (The uniformed member of the service's command telephone number should be included). 6. Forward property to Property Clerk's Storage Facility with: a. Appropriate copies of PROPERTY CLERK'S INVOICE prepared b. Copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), if prepared c. Copy of COMPLAINT FOLLOW-UP (PD313-081), if prepared d. Copy of search warrant or other investigating documents, if prepared. PROPERTY CLERK 7. Forward documents in support of forfeiture to Legal Bureau when a claimant makes a demand for return of property. LEGAL BUREAU 8. Notify arresting officer if forfeiture proceeding is commenced. ARRESTING/INVESTIGATING OFFICER 9. Comply promptly with requests received from Legal Bureau to conduct additional investigation, sign affidavits, supply additional documentation, provide testimony, etc. ADDITIONAL DATA Only ten (10) working days are allowed for commencing forfeiture proceedings once a proper demand is made at an office of the Property Clerk for return of the property. Therefore, all steps in this procedure must be complied with promptly. RELATED PROCEDURES Follow-up Investigations of Complaints Already Recorded (P.G. 207-09) Invoicing Property - General Procedure (P.G. 218-01) Unlicensed Peddler Forfeiture Program (P.G. 218-41) Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner (P.G. 218-19) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK'S INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK'S MOTOR VEHICLE/BOAT INVOICE WORKSHEET (PD571-147A) P.G. 208-27 Desk Appearance Ticket - General Procedure Date Effective: 01-01-00 PURPOSE To issue a DESK APPEARANCE TICKET in lieu of detention. DEFINITION DESK APPEARANCE TICKET - an appearance ticket issued in lieu of detention, at the direction of a desk officer, for misdemeanors, violations and certain Class "E" felonies for hospitalized prisoners (see ADDITIONAL DATA). PROCEDURE When arresting a prisoner charged with a misdemeanor or violation: ARRESTING OFFICER 1. Comply with appropriate arrest processing guidelines and remove prisoner to precinct of arrest and advise desk officer of facts. DESK OFFICER 2. Inform prisoner that he/she may be issued a DESK APPEARANCE TICKET, if qualified. NOTE: A DESK APPEARANCE TICKET will not be issued in the following circumstances: a. Arrest on a warrant. b. Photographable offenses (see P.G. 208-07, "Photographable Offenses") unless prisoner is hospitalized. (If DESK APPEARANCE TICKET is issued, notify borough court section concerned). c. Prisoners under the influence of drugs/alcohol to the degree that they may endanger themselves or others. d. Family offenses - complainant/victim and offender are members of the same family/household as defined in the Family Court Act or as defined in the expanded definition of a family/household in P.G. 208-36, "Family Offenses/Domestic Violence," AND: (1) Any offense is committed and an arrest is effected. (2) Offender has violated an Order of Protection. (3) Complainant/victim requests the opportunity to obtain an Order of Protection, OR the facts of the case indicate an immediate need to secure an Order of Protection because there is a strong possibility that violence against the complainant/victim will recur (e.g. past history of assaults against complainant/victim, statements made by the defendant, active present hostility against complainant/victim, etc.). e. Offender has violated an Order of Protection, OR complainant/victim requests the opportunity to obtain an Order of Protection, OR the facts of the case indicate an immediate need to secure an Order of Protection because there is a strong possibility that violence against the complainant/victim will recur (e.g. past history of assaults against complainant/victim, statements made by the defendant, active present hostility against complainant/victim, etc.) f. Arrest for Harassment 1st degree (Penal Law 240.25, or Menacing 2nd degree (Penal Law 120.14[2]) -"Stalking" offenses. g. Arrest for Criminal Sale of Marihuana 4th degree (Penal Law 221.40) or, Criminal Sale of Marihuana 5th degree (Penal Law 221.35). h. Arrest for Assault 3rd degree (Penal Law 120.00), Attempted Assault 3rd degree (Penal Law 110/120.00), Menacing 2nd degree (Penal Law 120.14), Menacing 3rd degree (Penal Law 120.15), Harassment 1st degree (Penal Law 240.25), Aggravated Harassment (Penal Law 240.30), and Reckless Endangerment 2nd Degree (Penal Law 120.20) when committed against a city/state enforcement agent performing official duty. i. Arrest for violation of Section 1192, intoxication/impaired driving subdivisions 1, 2, 3, or 4 - Vehicle & Traffic Law (except DESK APPEARANCE TICKET may be issued to eligible prisoner, hospitalized more than twenty-four [24] hours). j. Vehicle offenses: (1) Arrest for Attempted Grand Larceny 4th Degree (Penal Law 110/155.30); Class "A" Misdemeanor. (2) Intentionally damages a vehicle up to $250 (window break) when in connection with attempt to steal auto, OR larceny of contents of auto (e.g., radio) - Class "A" Misdemeanor. k. Arrest for an offense which would constitute child abuse, neglect, or maltreatment (see P.G. 215-03,"Emergency Removals Or Investigation and Reporting of Abused, Neglected or Maltreated Children" and P.G. 208-36, "Family Offenses/Domestic Violence). l. Misdemeanor Recidivists - when a warrant check printout indicates "Misdemeanor Recid Notify DA In ECAB." m. Graffiti offenses - Criminal Mischief 4th Degree (Penal Law 145.00); Class "A" Misdemeanor; and Making Graffiti (Penal Law 145.60). [I.O. 4 s 01] n. Aggravated Unlicensed Operation of a Motor Vehicle, 2nd Degree (VTL 511 [2] [a]); Misdemeanor, and 1st Degree, VTL 511 [3] [a]; Felony). o. Criminal Trespass, 3rd Degree (Penal Law 140.10), when in connection with a building utilized for commercial/office purposes. [I.O. 49 s 01] p. Whenever a person is arrested for threatening, harassing or menacing a uniformed member of the service, an elected official or any other city, state or federal employee. q. Arrest for Unlawful Eviction (Administrative Code 26-521) [I.O. 52 s 03] r. Arrest for Resisting Arrest (Penal Law 205.30); Class "A" Misdemeanor. s. Arrest for Obstructing Governmental Administration 2nd Degree (Penal Law 195.05); Class "A" Misdemeanor. t. Arrest for Interference with Professional Sporting Event (Administrative Code Section 10-162); Unclassified Misdemeanor. 3. Direct arresting officer to ascertain the defendant's identity in accordance with P.G. 208-28, "Identification Standards For Desk Appearance Tickets" 4. Direct arresting officer to conduct interview using DESK APPEARANCE TICKET INVESTIGATION (PD360-091). NOTE: P.G. 208-28, "Identification Standards For Desk Appearance Tickets" describes a sequential six-step identification process to be followed during arrest processing in order to determine a defendant's eligibility for a DESK APPEARANCE TICKET and involves the following components: a. Stricter Identification Standards b. New York State Probation/Parole Status Inquiry c. WNAM Warrant Check/OCA Identification d. Department of Motor Vehicle Name Check e. Beta System Inquiry f. Warrant On Line File System (WOLF) IF INDIVIDUAL IS NOT DISQUALIFIED UNDER THE SIX (6) STEP ELIGIBILITY PROCESS: 5. Ensure that Identification Section is conferred with to determine if prisoner has a previous conviction which would raise the current charge to a felony: a. The current charge entered on the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244159) will not be changed solely from information received by telephone. 6. Assign precinct DESK APPEARANCE TICKET serial number and complete appropriate captions on DESK APPEARANCE TICKET INDEX (PD260-122). 7. Ensure that arrest data, including DAT return date and serial number, is entered into the On Line Booking System and the prisoner fingerprinted immediately utilizing "LIVESCAN." a. Arrest processing type code "D" for DAT must be used, EXCEPT for those DATs returnable to the Midtown Community Court, in which case arrest processing type code "A" must be utilized. 8. Have arresting/assigned officer complete all DAT arrest related paperwork while awaiting the results of the fingerprint check. 9. Monitor the DAT Verification Printer installed in the vicinity of the desk for the "NYSID Return Notification" printout containing the prisoner's criminal history. NOTE: If the printout indicates that the prisoner has warrants, is on parole/probation, is a recidivist, etc., the computerized DAT system will automatically preclude the desk officer from issuing a DAT. The bottom of the "NYSID Return Notification" printout must be completed by the desk officer. This printout will be included in the arrest package. 10. Contact the borough court section if the "NYSID Return Notification" printout has not been received within four (4) hours from the time the prisoner was fingerprinted to ascertain the status of the fingerprint check. NOTE: The Borough Court Section DAT Office telephone numbers are as follows: Manhattan Bronx Brooklyn (212) 374-0262, 0263 (718) 590-3832, 2815 (718) 935-9291, 9240 Queens Staten Island (718) 268-4399, 4496, 4898 (718) 876-8491, 8493 BOROUGH COURT SECTION 11. Determine the processing status of the prisoner's fingerprints and ensure that the Division of Criminal Justice Services expedites the required fingerprint search. NOTE: The decision to issue a DAT to an eligible prisoner rests solely with the desk officer. UNDER NO CIRCUMSTANCES WILL THE PRISONER BE RELEASED UNTIL THE FINGERPRINT CRIMINAL HISTORY HAS BEEN RECEIVED AND REVIEWED. The desk officer, based upon the information contained in the "NYSID Return Notification," (in addition to the other information obtained during the course of the DAT investigation), will either have a DAT issued to the prisoner or have the arrest processed "on line." The Borough Court Section supervisor will be notified if an arrest, which was initially processed for a DAT, is subsequently placed "on line." DESK OFFICER 12. Inform prisoner of ineligibility for DESK APPEARANCE TICKET if: a. Excluded in NOTE following step two (2) OR, b. The prisoner fails the six (6) step eligibility process, OR, c. The prisoner has a previous conviction which would raise the current charge to a felony. 13. Inform prisoner not eligible for DESK APPEARANCE TICKET that he/she may be processed for bail. 14. Direct issuance of DESK APPEARANCE TICKET if prisoner is eligible and is likely to appear in court on the return date. NOTE: Although a DESK APPEARANCE TICKET is being issued in lieu of detention, a desk officer may request the precinct detective squad to debrief the prisoner. 15. Ensure that arrest processing officer, or other designated member, utilizes the computerized DAT system through any precinct FINEST or LAN terminal which has BADS access, in accordance with the simplified DAT Issuance Procedures listed below. DAT ISSUANCE PROCEDURES: a. Select Option #8 on BADS Main Menu, and press "Enter." b. Type the three (3) digit command code for the precinct of arrest, and press "Enter." c. Press "PF10/PF22." d. Type in Arrest ID # and press "Enter." e. Enter Return Date (obtained as per borough guidelines). f. Press "PF10/PF22" to obtain printed DAT Form. NOTE: The DESK APPEARANCE TICKET which is generated replaces the snap-out version of the DESK APPEARANCE TICKET (PD260-121). The printout DAT must be signe