[HISTORY: Adopted by the City Council of the City of Newburgh 11-13-1967 (Ch. 7, Art.
III, of the Code of Ordinances); amended in its entirety 6-13-1988
by L.L. No. 4-1988. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Department of Police — See Charter, Art. XI.
Salaries and compensation — See Ch. 95.
The Police Department shall be composed and organized as provided
in Article XI of the Charter of the City of Newburgh.
The Police Chief shall present to the Council at its first regular
meeting in each month a report of the operations of the Department
during the preceding month, including therein a statement of the number
of persons arrested during such month, their sex, the cause of arrest,
the number of persons convicted and such other particulars in relation
to that Department as he may deem necessary and proper to communicate.
[Added 7-13-2020 by L.L. No. 2-2020]
A.
Legislative findings, intent and purpose. The City Council of the
City of Newburgh finds that the people of the City of Newburgh are
in great debt to the hard work and dedication of police officers in
their daily duties. The Council further finds that mistrust of law
enforcement officers based on real or perceived discrimination hinders
law enforcement efforts and is a threat to public safety. The City
of Newburgh Police Department policy already requires that officers
provide their name and/or badge number to any individual that requests
the information. By requiring police officers to provide the public
with identifying information, offering a contact card, and notice
of the reasons for their encounters with the police will increase
transparency in police practices and to build trust between police
officers and members of the public.
B.
DEPARTMENT
LAW ENFORCEMENT ACTIVITY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
NONCUSTODIAL QUESTIONING
OFFICER
Definitions. As used in this section, the following terms have the
following meanings:
The City of Newburgh Police Department.
Any of the following activities when conducted by an officer:
Noncustodial questioning of individuals;
Stops where an officer has an individualized, reasonable suspicion
that the person stopped has committed, is committing, or is about
to commit a crime and where a reasonable person would not feel free
to end the encounter at will;
Frisks;
Searches of persons, property, or possessions, including but
not limited to searches of homes and vehicles;
Traffic stops;
Roadblock or checkpoint stops; and
Investigatory questioning of victims of or witnesses to crimes.
The questioning of an individual during an investigation
where such individual has not been detained and is free to end the
encounter at will.
A sworn police officer of the City of Newburgh Police Department.
C.
Upon initiation of a law enforcement activity, an officer shall:
D.
At the conclusion of a law enforcement activity that does not result
in an arrest or ticket, the officer shall offer to such person, the
officer's business card.
E.
An officer shall not be required to comply with this section where
such officer is engaged in an approved undercover activity or operation,
and the law enforcement activity is taken pursuant to such undercover
activity or operation.
F.
Any business cards used by an officer to identify himself or herself
to a person who is the subject of a law enforcement activity shall
be pre-printed and include, at a minimum:
(1)
The name, rank, badge number and police department of the officer;
and
(2)
Information on how the subject of the law enforcement activity may
submit comments or complaints about the encounter, including the telephone
numbers and website addresses of the City of Newburgh Police Community
Relations and Review Board.
