All members of the Police Department shall be subject to these rules
and regulations. Members of the Department are not merely employees but are
officers of this state and Town charged with specific duties in maintaining
public order and administering justice.
It is the duty of the Police Department and the members of the Department
all times of the day and night to protect life and property, prevent crime,
detect and arrest offenders, preserve the public peace and enforce all laws
and ordinances over which the Police Department has jurisdiction.
[Added 5-5-1992]
A.
Purpose. The purpose of this section is to set forth
a policy which clearly delimits the actions to be undertaken by police agencies
and which call for the immediate arrest of persons suspected of committing
a violent offense against a member of the same family/household.
B.
COMPLAINANT
FAMILY/HOUSEHOLD
FAMILY OFFENSE
ORDER OF PROTECTION
PROBABLE CAUSE
Definitions. As used in this section, the following terms
shall have the meanings indicated:
Any of the following: spouse, parent, child or any member of a household,
persons not married but living together in an intimate relationship, persons
not married but formerly living together, same-sex couples and intimate dating
partners.
Persons legally married to one another, persons related by blood
or marriage, persons formerly married to one another or persons having a child
in common regardless of whether they have been married or lived together at
any time.
Any act which may constitute or be defined as disorderly conduct,
harassment, menacing, reckless endangerment, assault (any degree) or attempted
assault between spouses, between parent and child or between members of the
same family or household, all of such conduct as defined under the Penal Law
of the State of New York. For the purposes of this definition, disorderly
conduct includes acts amounting to disorderly conduct not committed in a public
place.
An order issued by a local Criminal Court, a Family Court, a District
Court or a Supreme Court requiring compliance with specific conditions of
behavior, hours of visitation and any other condition deemed appropriate by
the court issuing said document. Any violation of an "order of protection"
will subject the violator to immediate arrest.
A combination of facts, viewed through the eyes of a police officer,
which would lead a person of reasonable caution to believe that a family offense
is being committed or has been committed. "Probable cause" means the same
thing as "reasonable cause to believe" and "reasonable grounds to believe."
C.
Procedure.
(1)
Where a police officer responds to the scene of a domestic
disturbance but lacks reasonable cause to make an arrest, and where no civilian
arrest is being made, the officer shall remain at the scene until the officer
is satisfied that any immediate danger of violence has passed and the officer
has exhausted all appropriate options to protect and assist the victim or
any potential victim.
(2)
Whenever a police officer responds to a report of a domestic
disturbance, whether an arrest is made or not, the officer shall fill out
a domestic disturbance report, PDTS-130, in addition to filling out a field
report.
(3)
Whenever a police officer responds to a report of a domestic
disturbance, whether an arrest is made or not, the officer shall obtain the
name, date of birth and address of any children less than 18 years of age
who are the issue of a victim or suspect, whether they reside on the premises
or not. Where there is reasonable cause to suspect that any child mentioned
in said report may be the victim of child abuse, neglect or any other maltreatment,
the Southold Town Police Department Juvenile Aid Officer shall be notified
immediately.
(4)
Offenses committed by people in the following relationships
shall be covered by this order as to when and how arrests are made, but are
not family offenses and therefore can only be adjudicated in Criminal Court:
(5)
At the scene of a domestic disturbance where an offense
has occurred, before proceeding with any action concerning a family offense,
the complainant must be advised of the court options open to him or her and
the right to make a civilian arrest. In all cases where a physical arrest
is made, the defendant will be taken to Southold Town Justice Court. If the
complainant chooses the family court forum, the Justice Court must be advised
by the complainant within 72 hours. In situations where the offenses are not
family offenses, the only court option available is Criminal Court.
(6)
Determination of crime; charges.
(a)
A police officer who responds to a domestic disturbance
and finds that there is evidence of a family offense or offense between members
of a household and said offense is a crime, the officer shall not attempt
to reconcile the parties or mediate but shall arrest the offender even if
the victim requests otherwise.
(b)
A police officer who responds to a domestic disturbance
and finds that a family offense or offense between members of a household
has been committed in the officer's presence shall arrest the offender. When
the violation has not been committed in the officer's presence, he shall inform
the victim out of the presence of the suspect (whenever possible) of the victim's
right to make a civilian arrest pursuant to § 140.30 of the Criminal
Procedure Law. If the victim requests a civilian arrest, the officer shall
effect and process the arrest.
(c)
When an arrest is made, whether a summary arrest due
to necessity or civilian arrest, regardless of the forum chosen, Criminal
or Family Court, the defendant will be charged criminally in Justice Court.
Once an arrest is made, the complainant has 72 hours from the filing of the
complaint with the court to change courts.
D.
Orders of protection.
(1)
The presentation of a Family, Criminal or Supreme Court
order of protection to a member of the police force by the petitioner, or
knowledge that such an order exists, constitutes authority to take the person
named therein (the respondent) into custody for an alleged violation of the
terms. If probable cause exists that the respondent violated the terms of
the order of protection, an arrest must be made. There will be no attempts
to reconcile or mediate the situation.
(2)
When a respondent is taken into custody for a violation
of an order of protection, he will be charged with that violation, (i.e.,
violation order of protection, Family Court - VOPF or violation order of protection,
Criminal Court - VOPC). A respondent may also be charged with independent
offenses, as appropriate. Upon his taking the respondent into custody, the
arresting officer will attempt to have the petitioner sign a civilian arrest
form. The petitioner's signature documents his or her understanding of the
responsibilities and consequences of an arrest. If the petitioner is incapable
or refuses to sign a civilian arrest form and probable cause exists that the
respondent violated the order of protection, an arrest must nevertheless be
made.
(3)
In a situation where the respondent is not at the scene
(although a respondent may be taken into custody at any place, not only at
the scene of the alleged violation), the police officer will advise the petitioner
of the following options, depending on which order of protection applies:
(a)
Family court order of protection: The petitioner can respond to the Probation Department Intake Unit and file a petition, charging a violation of order of protection or may proceed pursuant to Subsection D(3)(b).
(b)
Criminal court order of protection: The petitioners can
respond to police headquarters and file a complaint (CR. Contempt 2nd) in
accordance with existing laws and procedures. The foregoing is subject to
warrant requirement, (Payton v. New York).
(4)
The period of time in which orders of protection are
in effect is calculated from the date of issuance of the order of protection
and/or the time period as indicated on the order. This period, in months,
is noted on the order of protection or, in some instances, the phrase "until
further order of the court" may be noted. When this quoted phrase is indicated
on the order, it is in effect indefinitely until voided by the court.
(5)
A respondent taken into custody for an alleged violation
of an order of protection may be admitted to bail by the Family Court or by
any Criminal Court but never bailed by police personnel.
E.
General provisions.
(1)
When an officer makes no arrest in response to a complaint of a family offense, or offense between members of a household expanded definition as per Subsection C(4) prior to the completion of the tour of duty, the officer shall prepare a detailed written report setting forth the reasons why no arrest was made. This report shall be filed with and reviewed by the Supervising Sergeant who was on duty at the time of the incident. Incidents of noncompliance with this order shall be reported to the Chief of Police by the officer's Supervising Sergeant.
(2)
The officer shall not use any of the following reasons
for failing to make an arrest.
(a)
That the suspect lives on the premises with the victim.
(b)
That there may be a financial consequence caused by the
arrest.
(c)
That the suspect has left the premises or is willing
to do so.
(d)
That the suspect and victim are married or had a prior
or existing cohabitating relationship.
(e)
That the victim has made prior calls or is a chronic
caller.
(f)
That the suspect gives verbal assurance that no harm
shall occur to the victim.
(g)
That the alleged injury is minor or not visible.
(h)
That the officer feels that the victim may not cooperate
in subsequent proceedings.
(i)
That prosecution or conviction may not occur even though
there exists reasonable cause to arrest.
F.
Accusatory instrument; protection of identity of victim.
(1)
An accusatory instrument that charges a defendant in
a criminal proceeding with any offense listed below will have a description
of the relationship between the defendant and the victim indicated on the
upper right-hand corner of the accusatory instrument in the following form:
|
Defendant:
|
| |
|---|---|---|
|
Relationship to Alleged Victim
| ||
|
Alleged Victim:
|
| |
|
Relationship to Defendant
|
(2)
Where protection of the identity of a victim of an offense
is required by law or otherwise is deemed appropriate, and where placement
of the designation or relationship on the accusatory instrument would tend
to identify the victim, the officer shall file a separate statement annexed
to the accusatory instrument, alerting the court of the defendant's relationship
to the victim. Such statement shall not be made available to the public.
A police officer regularly performing patrol duty shall proceed to his
designated sector or relieving point without unnecessary delay, inspect his
post immediately, remain constantly alert and observant, note any condition
therein requiring police attention and take appropriate action. He is charged
with the enforcement of all laws and ordinances; the proper condition and
maintenance of departmental equipment, traffic control equipment of all types,
streetlights, public highway, curb and sidewalk conditions within the boundaries
of the post or sector of which he is assigned; he shall promptly report through
official channels any condition requiring attention and shall provide safeguards
when necessary.
A supervisory officer, when on patrol, is charged with the enforcement
of all laws and ordinances and the enforcement of these rules and regulations.
He is charged with the proper condition and maintenance of departmental equipment,
traffic control equipment of all types, streetlights, public highway, curb
and sidewalk conditions, within the command to which he is assigned, and he
shall promptly report through official channels any condition requiring attention
and shall provide safeguards when necessary.
A member of the Department shall be fit for duty and subject to duty
at all times except when on sick leave.
Members shall not engage in any other occupation within four hours prior
to reporting for duty.
A member of the Department shall treat as confidential the official
business of the Police Department. He shall not talk for publication nor be
interviewed nor make public speeches, nor shall be impart information relating
to the official business of the Department to anyone, except under due process
of the law and as directed or with the permission of the Chief of Police.
Members shall be responsible for the security of their sidearms at all
times.
A.
Hair grooming (male).
(1)
Regulations are applicable to male employees of the Department,
and waivers may be granted by the Chief of Police to meet individual needs
of special assignments.
(2)
Hair will be neat, clean, trimmed and present a well-groomed
appearance. Hair will not exceed 1 1/2 inches in thickness as measured
from the scalp; it will not extend below the collar but may extend to mid-ear.
(3)
If a member chooses to wear sideburns, they will be neatly
trimmed. Sideburns will measure not more than 3/4 of an inch in width and
not flare to more than 1 1/2 inches or extend below the ear.
(4)
If a member chooses to wear a mustache it must be neatly
trimmed and may extend 1/2 inch beyond and/or below the mouth.
(5)
Beards, goatees and ponytails or similar configurations
will not be allowed. A waiver for medical reasons may be granted by the Chief
of Police.
(6)
Wigs or hairpieces will not be worn while on duty in
uniform except for cosmetic reasons to cover natural baldness or physical
disfigurement. If, under these conditions, a hairpiece or wig is worn, it
will conform to the standards as set forth herein for natural hair growth.
B.
Hair grooming (female).
(1)
Hair will be neat, trimmed, clean and present a well-groomed
appearance. Female personnel's hair will not exceed 1 1/2 inches in thickness
as measured from the scalp, will not extend below the collar but may extend
to mid-ear.
(2)
Hair longer than above is permissible, but when in uniform
a member must wear it in a style that conforms to the above. Hair must be
pulled back away from the face and secured so that it does not interfere with
the proper wearing of issued headgear. In no event shall ponytails or other
styles or lengths of hair be exposed which may be readily grabbed by an aggressor.
(3)
Items used to hold hair up must blend with hair. Decorative
articles may not be worn in hair.
(4)
Wigs or hairpieces will not be worn while on duty in
uniform, except for cosmetic reasons to cover natural baldness or physical
disfigurement.
(5)
Makeup, if worn, is to be worn in moderation.
(6)
The Chief of Police will have the authority to waive
these standards to meet the individual needs for special assignment.
A.
Employees of the Department who are ill or injured and
unable to appear for duty should notify headquarters as soon as possible upon
making such a determination in order that a replacement may be obtained if
necessary. In no event shall an employee make such notification less than
two hours prior to the time at which he is required to report for duty. In
the case of civilian clerical employees, such notification shall be made no
less than one hour prior to the time at which he is required to report for
duty.
B.
The Chief of Police shall have the authority to require
additional information and certification relative to sick-time requests in
such form as he deems necessary.
C.
A member of the Department who is sick is assumed to
be either at home or in the hospital or a doctor's office receiving treatment.
Since the municipality pays the member for such sick time, it has the right
to determine if such sick time is justified. Accordingly, the Department reserves
the right to call or have its representative visit the residence of the member
when such member is on sick call.
D.
Any member who is absent from duty for illness or injury,
regardless of the duration, shall complete a form PDTS-109 (affirmation relative
to illness or injury) and submit such form upon his return to duty.
E.
Notwithstanding any of the foregoing provisions, the
Chief of Police shall have the right to require that the employee present
himself to a physician acting at the request of the Chief of Police for the
purpose of an examination. Such examination shall be a charge against the
Town of Southold.
F.
The failure of a member to comply with the above provisions
could lead to a forfeiture of pay for such sick days.
[Added 3-10-1992]
A.
Purpose. The purpose of this section is to provide guidelines
for members of this Department in preventing the contraction of communicable
diseases.
B.
Policy. It is the responsibility of this Department to
ensure that its members are able to perform their duties in a safe and effective
manner. The safe performance of daily operations has recently become threatened
by life-endangering communicable diseases. Therefore, it shall be the policy
of this Department to continuously provide employees with up-to-date safety
procedures and communicable disease information that will assist in minimizing
potential exposure while increasing their understanding of the nature and
potential risks of communicable diseases.
C.
BODY FLUIDS
COMMUNICABLE DISEASE
Definitions. As used in this section, the following terms
shall have the meanings indicated:
Liquid secretions including blood, semen and vaginal or other secretions
that might contain these fluids, such as saliva, vomit, urine or feces.
Those infectious illnesses that are transmitted through contact with
the body fluids of an infected individual.
D.
Procedures.
(1)
Communicable disease prevention.
(a)
In order to minimize potential exposure to communicable
diseases, officers should assume that all persons are potential carriers of
a communicable disease.
(b)
Disposable gloves shall be worn when handling any persons,
clothing or equipment with body fluids on them.
(c)
Masks, protective eyewear and coveralls shall be worn
where body fluids may be splashed on the officer.
(d)
Plastic mouthpieces or other authorized barrier resuscitation
devices shall be used whenever an officer performs CPR or mouth-to-mouth resuscitation.
(e)
All sharp instruments such as knives, scalpels and needles
shall be handled with extraordinary care and should be considered contaminated
items.
[1]
Leather gloves shall be worn when searching for or handling
sharp instruments.
[2]
Officers shall not place their hands in areas where sharp
instruments might be hidden. An initial visual search of the area should be
conducted with a flashlight when necessary. The suspect may also be asked
to remove such objects from his person.
[3]
Needles shall not be recapped, bent, broken, removed
from a disposable syringe or otherwise manipulated by hand.
[4]
Needles shall be placed in a puncture-resistant container
when being collected for evidentiary or disposal purposes.
(f)
Officers shall not smoke, eat, drink or apply makeup
around body-fluid spills.
(g)
Any evidence contaminated with body fluids will be dried,
double bagged in plastic bags and marked to identify potential or known communicable
disease contamination.
(2)
Transport and custody.
(a)
Where appropriate protective equipment is available,
no officer shall refuse to arrest or otherwise physically handle any person
who may have a communicable disease.
(b)
Officers shall not put their fingers in or near any person's
mouth.
(c)
Individuals with body fluids on their persons shall be
transported in separate vehicles from other individuals. The individual may
be required to wear a suitable protective covering if he is bleeding or otherwise
emitting body fluids.
(d)
Officers have an obligation to notify relevant support
personnel during a transfer of custody when the suspect has stated that he
has a communicable disease.
(e)
Suspects taken into custody with body fluids on their
person shall be directly placed into a cell for processing. All subsequent
questioning or processing will be conducted in this area as to minimize potential
threat to fellow officer or the public.
(f)
Officers shall document on the appropriate arrest or
central complaint (CC) when a suspect taken into custody has body fluids on
his person or has stated that he has a communicable disease.
(3)
Disinfection.
(a)
Any unprotected skin surface that comes into contact
with body fluids shall be immediately and thoroughly washed with hot running
water and soap for 15 seconds before rinsing and drying.
[1]
Alcohol or antiseptic towelettes may be used where soap
and water are unavailable.
[2]
Disposable gloves should be rinsed before removal. The
hands and forearms should then be washed.
[3]
Hand lotion should be applied after disinfection to prevent
chapping and to seal cracks and cuts on the skin.
[4]
All open cuts and abrasions shall be covered with waterproof
bandages before reporting for duty.
(b)
Officers should remove clothing that has been contaminated
with body fluids as soon as practical. Any contacted skin area should then
be cleansed in the prescribed fashion. Contaminated clothing should be handled
carefully and laundered in the normal fashion.
(c)
Disinfection procedures shall be initiated whenever body
fluids are soiled or an individual with body fluids on his person is transported
in a department vehicle.
[1]
A supervisor shall be notified and the vehicle put out
of service to be properly cleaned and disinfected.
[2]
If, due to manpower constraints, the contaminated vehicle
cannot be cleaned immediately, the supervisor will direct that the vehicle
be locked and secured to prevent accidental contamination by the public or
other members of the Department.
[3]
Service personnel (Tidy Car) shall remove any excess
body fluids from the vehicle with an absorbent cloth, paying special attention
to any cracks, crevices or seams that may be holding excess fluid.
[4]
The affected area should be disinfected using hot water
and detergent or alcohol and allowed to air dry.
[5]
After completing the above procedures, the vehicle will
then be taken to the car wash as a final precaution.
(d)
Nondisposable equipment and areas upon which body fluids
have been spilled shall be disinfected as follows:
(e)
All disposable equipment, cleaning material or evidence
contaminated with body fluids shall be bagged and disposed of at Eastern Long
Island Hospital in compliance with New York State law for disposal of biologically
hazardous waste material.
(4)
Supplies.
(a)
The Department will be responsible for continuously maintaining
and storing adequate amounts of communicable disease control supplies.
(b)
Protective gloves, other first aid supplies and disinfecting
materials will be made readily available at all times by the Department.
(c)
All departmental vehicles shall be continuously stocked
with the following communicable disease control supplies:
[1]
Clean robes in appropriate sizes.
[2]
Disposable gloves and leather gloves.
[3]
Puncture-resistant containers and sealable plastic bags.
[4]
Barrier resuscitation equipment, goggles and masks.
[5]
Liquid germicidal cleaner.
[6]
Disposable towelettes (709% isopropyl alcohol).
[7]
Waterproof bandages.
[8]
Absorbent cleaning materials.
(d)
Officers using supplies stored in police vehicles are
responsible for their immediate replacement.
(e)
Officers are required to keep disposable gloves in their
possession.
(5)
Line-of-duty exposures to communicable diseases.
(a)
Any officer who has been bitten by a person or who has
had physical contact with body fluids of another person while in the line
of duty shall be considered to have been exposed to a communicable disease.
(b)
A supervisor shall be contacted, and all appropriate
duty injury and medical forms shall be completed.
(c)
Immediately after exposure, the officer shall be transported
to the appropriate health-care facility (Eastern Long Island Hospital) for
clinical and serological testing for evidence of infection.
[1]
The Department shall ensure continued testing of the
officer for evidence of infection and provide psychological counseling as
determined by the health-care official.
[2]
The Department may require an employee to be examined
by a physician to determine if he is able to perform his duties without hazard
to himself or others.
(d)
All personnel shall treat employees who have contracted
a communicable disease fairly, courteously and with dignity.
(6)
Recordkeeping. The Department shall maintain written
records of all incidents involving employees who have potentially been exposed
to a communicable disease while acting in the line of duty. The records shall
be stored in a secured area with limited access and maintained in conformance
with applicable privacy laws.
