[Amended by L.L. No. 1-1928; L.L. No. 26-1961; L.L. No. 4-1968]
The Commissioner of Public Safety shall be the head of the Department
of Public Safety. He shall appoint to hold office during his pleasure,
except as otherwise provided by law, a First Deputy Commissioner,
a Second Deputy Commissioner, a Superintendent of Weights and Measures,
and such other subordinates as may be prescribed by the Board of Estimate
and Contract. In case of the absence or disability of the Commissioner
and of both Deputies, or a vacancy in all said offices, the Mayor
shall appoint a suitable person to discharge the duties of the office
of Commissioner until the Commissioner or one of said Deputies returns,
their disability ceases, or the vacancy in the office of Commissioner
is filled. The respective Deputies shall have and possess all the
powers of the Commissioner in order to discharge any of the duties
of the Commissioner committed to such Deputies by the Commissioner.
During the absence and disability of the Commissioner or a vacancy
in that office, the First Deputy shall discharge the duties of the
office until the Commissioner returns, his disability ceases or the
vacancy is filled. During the absence or disability of both the Commissioner
and the First Deputy, or a vacancy in both said offices, the Second
Deputy shall discharge the duties of the Commissioner until either
the Commissioner or the First Deputy Commissioner returns, such disability
ceases or the vacancy in the office of the Commissioner is filled.
[Amended by L.L. No. 1-1928; L.L. No. 27-1961; L.L. No. 1-1972]
The Commissioner shall have cognizance, jurisdiction, supervision
and control of the government, administration, disposition and discipline
of the Police Department and of the officers and members of said Department,
and shall possess and exercise fully and exclusively all powers and
perform all duties pertaining to the government, maintenance and direction
of said Department, and the apparatus and property thereof and buildings
furnished therefor, and shall have the general direction and supervision
of the expenditure of all moneys appropriated to said Department.
He shall possess such other powers and perform such other duties as
may be prescribed by law or by ordinances of the City Council.
[Amended by L.L. No. 1-1928]
The Commissioner of Public Safety shall make, adopt and enforce
such reasonable rules, orders and regulations, not inconsistent with
law, as may be reasonably necessary to effect a prompt and efficient
exercise of all the powers conferred and the performance of all duties
imposed by law upon him or the Department under his jurisdiction.
He is authorized and empowered to make, adopt, promulgate and enforce
reasonable rules, orders and regulations for the government, discipline,
administration and disposition of the officers and members of the
Police Department, and for the hearing, examination, investigation,
trial and determination of charges made or prepared against any officer
or member of said Department for neglect of official duty or incompetency
or incapacity to perform his official duties or some delinquency seriously
affecting his general character or fitness for the office, and may,
in his discretion, punish any such officer or member found guilty
thereof by reprimand, forfeiting and withholding pay for a specified
time, suspension during a fixed period or dismissal from office; but
no officer or member of said Department shall be removed or otherwise
punished for any other cause, nor until specific charges in writing
have been preferred against and served upon him, and he shall have
been found guilty thereof after reasonable notice and upon due trial
before said Commissioner in the form and manner prescribed by law
and the rules and regulations of the Department.
[Amended by L.L. No. 1-1928; L.L. No. 1-1972]
The Police Department shall, as to its membership, and component
parts, remain as now constituted until the same shall be changed by
action of the City Council. The Board of Estimate and Contract has
power at all times to determine the number of officers and members
of said Department, and the classes and grades into which they shall
be divided. The City Council may pass ordinances not inconsistent
with law for the government of the Police Department, and regulating
the powers and duties of its officers and members. The Commissioner
shall appoint, as vacancies in said Department occur, all officers
and members thereof, except as otherwise provided herein, and classify
and apportion them into grades to conform to such ordinances.
[Added by L.L. No. 7-1953; amended by L.L. No.
4-1973]
The present three-platoon system now in effect in the Mount
Vernon Police Department is hereby continued. None of such platoons,
or any member thereof, shall be assigned to more than one tour of
duty in any 24 consecutive hours except when it is necessary for a
member of the Department to complete an assignment commenced during
his regular tour of duty. Shifts of such tours of duty shall take
place at midnight, 8:00 in the morning and 4:00 in the afternoon of
each consecutive 24 hours, except in the event of conflagrations,
riots or other emergencies. In spite of anything herein to the contrary
notwithstanding, all members of the Police Department shall at all
times be subject to recall by the Commissioner of Public Safety.
Tours of duty shall be so arranged so that no member of such
Department, except in the event of any emergency, as hereinabove mentioned,
shall be required to work more than 42 hours in any one week.
The above provisions shall likewise apply to parking meter and
service men attached to the Department of Public Safety.
[Amended by L.L. No. 1-1928; L.L. No. 28-1961]
All members of the Police Department, subject to the power of
removal hereinafter specified, shall hold their respective offices
during good behavior or until by age or disability they shall become
permanently incapacitated to discharge their duties.
[Amended by L.L. No. 1-1928]
If a charge be made by any person against any officer or member
of the Police Department that he has been negligent or derelict in
the performance of his official duties, or is incompetent or without
capacity to perform the same, or is guilty of some delinquency seriously
affecting his general character or fitness for the office, the charge
must be in writing, in the form prescribed by the rules and regulations
of the Commissioner of Public Safety, and a copy thereof must be served
upon the accused officer or member. The Commissioner shall then proceed
to hear, try and determine the charge. The accused shall have the
right to be present at his trial, and to be heard in person and by
counsel and to give and furnish evidence in his defense. All trials
shall be open to the public. The Commissioner has power to issue subpoenas,
in his name, to compel the attendance of witnesses, and shall upon
the oral application of the accused issue a subpoena on the behalf
of the accused, leaving the space for the names of witnesses blank
that he may fill in their names, upon any proceeding authorized by
the rules and regulations of the Department, and any person served
with a subpoena is bound to attend in obedience to the command thereof;
and the Commissioner shall compel the attendance of witnesses and
compel them to testify in the same manner as in the case of any officer
or board authorized by law to issue subpoenas and take testimony.
If the accused shall be found guilty of the charge made against him
the Commissioner may punish him by reprimand, by forfeiting and withholding
pay for a period not to exceed 30 days, or by dismissal from office.
At any time within one year after the date of dismissal, any officer
or member dismissed may make application to the Commissioner for reinstatement.
Such application to the Commissioner for reinstatement must be in
writing and contain a release of the City from all claims for back
compensation. The Commissioner may, in his discretion, rehear and
redetermine the charges and reinstate such officer or member, with
or without an allowance of the whole or part of the time since such
dismissal to be applied on his time of service in the Department,
or may affirm such dismissal. At any time within one year after the
date of resignation, any officer or member who has resigned may make
application to the Commissioner for reinstatement and the Commissioner
may, in his discretion, reinstate him, but the time between the date
of resignation and reinstatement shall not apply on his time of service
in the Department.
In case any such officer or member is aggrieved by the determination
of the Commissioner on any trial of charges, as specified in the preceding
section, he may within 30 days after the rendering of such determination,
take an appeal therefrom on questions of law to the Appellate Division
of the Supreme Court. An appeal taken, as prescribed herein, shall
be perfected by the service of notice of appeal upon the Commissioner.
He shall, within 10 days thereafter, make and file with the County
Clerk of Westchester County a complete return of the proceedings on
such trial. For the use of the parties and court on such appeal, the
appellant shall cause a certified or stipulated copy of said return
to be printed and issued and all the rules and statutes concerning
the correction and service and use of a printed case on appeal shall
as far as appropriate be applicable to the correction, service and
use on appeal of said records.
[1]
Editor's Note: Former § 121, Chief Inspector of
Police, was repealed by L.L. No. 4-1973.
[Amended by L.L. No. 1-1972]
The members of the Police Department, other than surgeons, in
criminal matters have all the powers of peace officers under the general
laws of the state, and they shall also have the power and it shall
be their duty to arrest any person found by them violating any of
the penal ordinances of the City or laws of the state, and to take
such person before the proper City Magistrate. Such person shall be
dealt with in the same manner as if he had been arrested upon a warrant
theretofore duly issued by such Magistrate. They shall report violations
of law and ordinances coming to their knowledge in any way under regulations
to be prescribed by the Commissioner of Public Safety. They shall
also have, in every other part of the state, in criminal matters all
the powers of constables and any warrant for search or arrest issued
by any Magistrate of the state may be executed by them in any part
of the state according to the tenor thereof without endorsement. They
shall possess such other powers and perform such other duties as may
be provided by law or ordinance of the City Council.
All criminal process for any offense committed within the City,
and all process to recover or to enforce any penalty for the violation
of any City ordinance issued out of any court, or by any magistrate
within the City, and every process, subpoena or bench warrant issued
by the District Attorney of Westchester County, relating to any offense
committed within the City, and every process, subpoena or warrant
issued by any coroner of such county in any inquest held in the City
relative to the death of any person, may be served by any member of
the Police Department.
No officer or member of the Police Department shall be a member
of or delegate to any political convention, nor shall he be present
at such convention except in the performance of duty relating to his
position as such officer or member. He shall not solicit any person
to vote at any political primary or election, nor challenge, nor in
any manner attempt to influence any voter thereat. He shall not be
a member of any political committee. Any officer or member violating
any provision of this section shall be dismissed from office.
[1]
Editor's Note: Former § 125, City owner of supplies,
was repealed by L.L. No. 42-1961.
[1]
Editor's Note: Former § 126, Liability of City,
was repealed by L.L. No. 43-1961.
