Village of Rye Brook, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 3-24-1987 by resolution. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 240.
Police Department — See Ch. A258, Art. IV.
A. 
The auxiliary police in the Police Department of the Village of Rye Brook will be known generally as the "Rye Brook Auxiliary Police Force" and are part of the Rye Brook Police Department.
[Amended 12-15-1992 by L.L. No. 2-1992]
B. 
Auxiliary police officers are appointed by the Village Board of Trustees. An oath of office shall be administered by the Mayor of the Village of Rye Brook or designee.
C. 
The Board of Trustees has authorized the Chief of Police to administer and assign duties to such number of auxiliary police officers as may be deemed advisable in the case of riot, pestilence or invasion, on Election Day, on a day of public celebration, on occasions of public assembly, emergency or disaster and on such occasions and at such times as may be deemed necessary or advisable for training and drilling. Supplemental activities are expected of the Auxiliary Police Force such as direction of traffic, business door inspections, routine patrol, certain school functions, etc.
A. 
The Board of Trustees delegated operational control of the Auxiliary Police Force to the Chief of Police. The Chief of Police is responsible for the training and coordinating of the auxiliary police.
B. 
The Chief of Police shall appoint one or more members of the Department as Auxiliary Police Liaison, who shall coordinate matters pertaining to the auxiliary police, including schedules, training, uniform and equipment maintenance and other related matters. The Liaison Officer shall keep the Chief of Police informed of all auxiliary police activities and submit periodic reports to the Chief as required.
A. 
The Auxiliary Police Force will retain its own officers. The organizational structure will be along regular Department lines. The unit will be headed by an Auxiliary Police Captain, who will have as aides two Lieutenants and one or more Sergeants. The designation of such rank is for intraunit matters only and has no relation to the official rank found in the regular Police Department.
B. 
For the purpose of intraunit affairs, the Auxiliary Police Force will be administered by a committee of representatives of its membership, which shall be known as the "Auxiliary Police Executive Committee." This Committee will be as follows:
(1) 
The Captain, who shall be its Chairperson.
(2) 
The Lieutenant (operations), who shall be Vice Chairperson.
(3) 
The Lieutenant (training).
(4) 
The Sergeants.
(5) 
The Secretary-Treasurer, who shall act as Secretary.
(6) 
The immediate past Captain.
C. 
The Auxiliary Police Executive Committee shall hold meetings at the time and place it may deem appropriate. Notice of same will be given to the Liaison Officer so that the assistant or the Liaison Officer may be present. In all matters pertaining to the regular Police Department, the Liaison Officer's word, guided by the Chief's procedures, orders and policies, will be binding.
D. 
The Executive Committee shall conduct periodic reviews of each officer's record of performance and his or her attendance at scheduled training sessions of the unit for the purpose of maintaining a roster of active, trained members who meet minimum duty requirements. It shall make recommendations to the Chief of Police through the Liaison Officer for the removal from the roster of those who do not meet the standards of the unit. All dismissals from the Auxiliary Police Force will be made by the Chief of Police.
E. 
The Executive Committee shall make appointments, at the annual meeting of the unit each year, of a Secretary, Treasurer, Training Officer and Public Relations Officer for the unit and such other staff assistants as the Committee deems desirable, all to serve at the pleasure of the Committee until the next annual meeting of the unit with such rank, if any, as the Committee shall determine. Each officer so appointed shall be under the direction and supervision of the Lieutenant (operations) or Lieutenant (training) as the Captain may direct.
A. 
Captain. The Captain shall be the highest ranking member of the Auxiliary Police Unit. The Captain shall be appointed to this office by the Chief of Police upon nomination by the Executive Committee and shall hold said position for, but not limited to, a two-year period. It shall be the Captain's duties to:
(1) 
Sit as Chairman of the Executive Committee.
(2) 
Administer the unit in accordance with its standard operating procedure.
(3) 
Represent the unit at meetings with the regular Department at such times as may be deemed necessary.
(4) 
Supervise the officers in the performance of their duties.
B. 
Lieutenants will:
(1) 
Be responsible for interviewing prospective applicants and giving a written report from the Executive Committee to the Liaison Officer.
(2) 
Be responsible for the duty roster.
(3) 
Be responsible for the training and qualification of all auxiliary police for duty purposes.
(4) 
Be responsible for the action of all auxiliary police under their command.
(5) 
Keep and maintain all records of training and duty performance by the auxiliary police and give monthly written reports to the Liaison Officer.
(6) 
Be responsible for the continuing good relations with the regular Department.
C. 
Sergeants. It will be the duty of the Sergeants to:
(1) 
See that the officers under their command meet their obligations and report for duty on those occasions that they are so assigned.
(2) 
See to the attendance at scheduled meetings and training sessions.
(3) 
Fill out the rotation roster of patrol when called for.
(4) 
Give necessary reports and appraisals of the officers under their command to the training officer.
D. 
Lieutenants and Sergeants shall be appointed to their ranks by the Chief of Police upon nomination by the Executive Committee.
Each member of the Auxiliary Police Unit shall be covered by worker's compensation insurance and third-party general liability insurance to the extent customarily provided for law enforcement officers in the Village of Rye Brook. All applicants are advised to consult their own insurance agent.
A. 
The minimum duty requirement is 36 hours of service per calendar year, with at least eight hours per quarter unless excused by the Executive Committee. Officers not meeting the minimum duty requirements will be dismissed from the Auxiliary Police Force of the Village of Rye Brook.
B. 
The expected duty requirement is 60 hours of service per calendar year. Only those officers meeting this requirement will be eligible for promotion.
C. 
Hours of service may be satisfied by serving in any type of duty assigned to an auxiliary policeman, such as:
(1) 
Training meetings at which all members are expected to attend and any other individual training.
(2) 
Patrol car duty.
(3) 
Special events.
(4) 
Emergencies.
(5) 
Administrative and clerical duties, including Executive Committee meetings.
D. 
Officers in good standing with five or more years of service may be granted a credit toward the duty requirements of one hour per year for each year of service. Application for this seniority credit shall be made directly to the Operations Lieutenant by the first of December of each year. These credit hours will not be counted as actual time served.
A. 
The duty assignments may involve traffic regulation and control along parade routes, at athletic events and other community functions, crowd control, assisting in surveillance, civil disturbance control, service under disaster conditions, roadblocks, civil defense, routine patrol and other functions. These services require an expertise gained only by training and practical application, supervised by police officers in the regular Department.
B. 
While on duty, auxiliary police shall work under the supervision of a regular police officer. They shall assist the regular officers in performing basic police duties, and they shall be governed by the Rye Brook Auxiliary Police Organizational Plan and Standard Operating Procedure and those regulations and procedures set forth in the Rules and Regulations of the Rye Brook Police Department not included in the Auxiliary Police Organization Plan and Standard Operating Procedures.
C. 
Each auxiliary police officer:
(1) 
Is expected to attend training and practical experience sessions in traffic control and be conversant with the motor vehicle laws of the State of New York as well as the Village ordinances.
(2) 
Will be instructed in the proper procedures for checking business and residential sections of the Village.
(3) 
Will be trained in his or her responsibilities to regular police officers.
(4) 
Will receive training in how to assist in preparing auto accident, incident and all other types of reports required by the Department and deemed necessary by the Chief, Lieutenant, Sergeant and his or her regular patrol partner.
(5) 
Will be required to attend and complete a course in first aid, as available, within one year of acceptance as an auxiliary police officer.
(6) 
Will be expected to work patrol duty on a rotating basis.
D. 
Failure to accept and abide by any of the rules set forth in these pages may lead to a hearing by the Liaison Officer, Auxiliary Police Captain and the Auxiliary Police Executive Committee.
A. 
On specific instances the tour commander may request a member of the Auxiliary Police Unit to drive a departmental vehicle on patrol. The acceptance of such assignment is entirely voluntary on the part of the auxiliary police officer. The primary purpose of such assignments is observation and general surveillance.
B. 
At the direction of the Chief of Police, the following rules and regulations are effective immediately and until further notice and are applicable to all members of the Auxiliary Police Unit in the operation of police vehicles, regardless of the area or type of patrol:
(1) 
Before departing on patrol, the auxiliary police officer shall:
(a) 
Determine from the desk officer the exact area of the post or posts which is to be patrolled.
(b) 
Familiarize himself or herself with the vehicle and its equipment and the condition of same.
(c) 
Check the physical condition of the car all lights operative (headlights, flashing parking lights, signal light indicator, rear stoplights), etc.
(d) 
Record and report all damage noted to the officer at the start of the tour; also record on the activity sheet.
(2) 
The auxiliary police officer is to go directly to the assigned post and, unless otherwise directed, is to remain at such area assigned throughout his or her tour of duty. If it is necessary to leave the assigned post, the desk officer should first be notified.
(3) 
The auxiliary police officer shall not respond to any radio calls or assignments, including emergency calls, whether or not he or she is in the assigned area, unless the officer is specifically directed to do so by the desk officer or tour commander.
(4) 
Radio communication to the desk or to another patrol car should occur only in instances where the officer is responding to a call to his or her car or in the event he or she needs immediate assistance or to call in the results of observations.
(5) 
The auxiliary police officer should not stop another vehicle except at an authorized roadblock under the direction of the regular Department. The enforcement of Village traffic regulations[1] is the responsibility of the regular Police Department.
[1]
Editor's Note: See Ch. 240, Vehicles and Traffic.
(6) 
Officers will not operate a Department vehicle in violation of any traffic laws, except in an emergency. In such cases emergency lights will be on and the siren will be used. This will not relieve the officer from exercising due care while operating a departmental vehicle in an emergency.
(7) 
When answering a call to his or her car, the officer should first respond with the car number and then give his or her exact location. If directed by the dispatcher or the tour commander to proceed at once to a given location, the officer may use the emergency lights and siren in order to assist his or her safe expedition to the location to which he or she has been summoned. When responding to a radio-dispatched call, excessive speeds are not justified.
(8) 
Auxiliary police officers are to keep themselves informed at all times as to their location and be prepared to respond to the usual radio checks from the desk officer. Again, when responding, first state the car number and then the exact present location. Also, a written report shall be made at the end of the tour with regard to any unusual occurrences observed, the license plate numbers of suspicious vehicles and any unlighted streetlights.
(9) 
No passenger is to be in the vehicle except another auxiliary police officer on duty, a member of the regular Department or such other person as may be authorized by the regular Department or other rules or orders.
C. 
Should two auxiliary police officers be assigned to ride together in a departmental vehicle, the auxiliary police officer with the higher rank shall be in charge of the vehicle at all times.
D. 
If it is determined by the Chief of Police after review by the Liaison Officer and Executive Committee that an auxiliary police officer has violated any of the foregoing rules and regulations, the violating member's qualification for patrolling in a departmental vehicle may be suspended.
A. 
The auxiliary police officer must qualify for the carry list.
B. 
No pistol authorization will be given without the authority of the range office and Liaison Officer.
C. 
Being on the carry list ensures that the auxiliary police officer has satisfactorily passed his or her firearms training.
D. 
Each auxiliary police officer shall qualify with his or her sidearm as directed.
E. 
Upon resignation or dismissal, the auxiliary police officer shall return to the Liaison Officer his or her badge and identification card. His or her name will be removed from the carry list.
F. 
A New York State pistol license issued solely for use as a Rye Brook auxiliary police officer shall be forwarded to the Chief of Police within 24 hours from the time of resignation or dismissal.
G. 
For very substantial practical reasons, auxiliary police officers shall avoid, to the maximum extent that circumstances permit, exercising their on-duty power of arrest. Therefore, in a situation where an arrest may seem appropriate or in a questioning situation under suspicious circumstances which appears to be deteriorating, a regular officer should be called for immediately to deal with the situation.
H. 
Deadly physical force shall only be used by auxiliary police officers to protect themselves or another person against the use or threatened use of deadly physical force.
A. 
It shall be the duty of the Captain of the Auxiliary Police Force to appoint from among the members one or more weapons assistants. They shall be under the supervision of a regular police firearms instructor and conduct a pistol safety and marksmanship program throughout the year.
B. 
No officer of the unit may carry a pistol while on duty unless his or her name is currently listed on the authorized carry list at the desk in police headquarters and he or she has had yearly training in deadly physical force, notwithstanding the fact that he or she has a pistol license issued by governmental authority.
C. 
Officers who qualify for the carry list must demonstrate to the unit's weapon assistant and to a regular Department firearms instructor that they:
(1) 
Are familiar with the general mechanical operation of the pistol and its safety features.
(2) 
Know and observe in practice the safety rules of the firing range, including safety procedures in case of hangfire and the procedure to be followed in unloading a pistol found to have a cocked hammer.
(3) 
Can load and unload the pistol properly.
(4) 
Can demonstrate proficiency in the double-action police combat course.
(5) 
Handle the weapon with confidence and with full awareness of its potential danger.
(6) 
Are familiar with the statutory limits pertaining to the use of force and deadly force by an auxiliary police officer.
(7) 
Are familiar with Rye Brook Police Department firearms procedures.
A. 
Prospective officers will be recruited from among the responsible residents of the Village of Rye Brook.
B. 
Candidates will be at least 21 years of age and United States citizens.
C. 
Candidates must be in good physical condition and meet the physical and psychological requirements prescribed by the Chief of Police.
D. 
Candidates will be cleared through a background check by the Rye Brook Police Department.
E. 
Candidates must be willing to devote that number of hours per month to training and/or assignments as may from time to time be determined by the Executive Committee and/or the Department Liaison Officer.
F. 
Candidates must be willing to abide by a uniform dress code as set down by the Rye Brook Police Department.
G. 
Candidates must be willing to accept orders from Rye Brook police officers and the auxiliary police officer in charge.
A. 
It shall be the duty of the Operations Lieutenant to process all applications for appointment into the unit, in accordance with Department procedure. Any persons interested in applying will be referred to the Operations Lieutenant. If the Operations Lieutenant, after personally interviewing the applicant, is satisfied that the applicant meets the necessary requirements for appointment, the Operations Lieutenant will furnish the applicant with an application form to be filled out and returned to the unit. Upon receipt of the completed application form, the Operations Lieutenant will:
(1) 
Request written character references from the prospective officer.
(2) 
Arrange an appointment with the Chief of Police or Liaison Officer to obtain a fingerprint card.
(3) 
Submit the application to the Executive Committee for its review and approval.
B. 
Upon approval of the Executive Committee and receipt of satisfactory written character references, the Operations Lieutenant will arrange to have the candidate attend the basic orientation course required of all candidates.
C. 
Upon the candidate's satisfactory completion of these steps, the Operations Lieutenant will forward the prospective officer's application, along with written endorsement from the Executive Committee, to the Liaison Officer.
D. 
The Police Liaison Officer will review the application and cause the matter to be forwarded for a background and driver's license check.
E. 
The Chief of Police will forward recommendations to the Village Board of Trustees if the applicant is suitable for appointment.
F. 
Upon appointment by the Board of Trustees, the applicant will be sworn in by the Mayor of the Village of Rye Brook or designee. The officer will be issued a shield, uniform and equipment in accordance with Department policy by the Operations Lieutenant.
G. 
The Captain of the auxiliary police will then direct the assignment of the new officer to the proper squad.
H. 
The applicant's initial appointment will be made for a six-month probationary period.
I. 
New officers may not carry firearms while on duty during such a probationary period. They may, however, participate in the unit's firearms training program. (This is waived for original officers.)
The Village of Rye Brook Auxiliary Police Standard Operating Procedure may be amended or revised by the following procedure:
A. 
Recommendations for amendments, revisions, additions or deletions should be submitted in writing to the Chief of Police, the Deputy Local Director and the Auxiliary Police Captain.
B. 
The recommendations will be reviewed by a special committee. This committee will be as follows:
(1) 
The Chief of Police.
(2) 
The Deputy Local Director.
(3) 
The Auxiliary Police Captain.
(4) 
The Liaison Officer.
(5) 
The Assistant Deputy Local Director.
(6) 
The Auxiliary Police Lieutenant (operations).
C. 
If the special committee agrees on the recommendations, then it will submit them to the Rye Brook Board of Trustees for consideration and implementation at the next regularly scheduled Board meeting.[1]
[1]
Editor's Note: The certification of receipt of rules which immediately followed this section and the office file and the uniform and equipment list which were included at the end of these rules and regulations are on file with the Police Department.
As used in these rules and regulations, the following terms shall have the meanings indicated:
AUXILIARY POLICE
Duly appointed auxiliary police pursuant to § 5711-9, Subdivision 22 of the Unconsolidated Laws of the State of New York.
[Amended 12-15-1992 by L.L. No. 2-1992]
BOARD OF TRUSTEES
The Board of Trustees of the Incorporated Village of Rye Brook.
CHIEF
The Chief of Police, Rye Brook, New York, or the Acting Chief of Police.
DEPARTMENT OR POLICE DEPARTMENT
The Rye Brook Police Department.
MAYOR
The Mayor of the Incorporated Village of Rye Brook.
ORDERS
Commands or instructions, oral or written, given by a regular police officer or by a superior ranking officer of the auxiliary police.
REGULAR POLICE
Duly appointed police officers of the Department.
VILLAGE
The Incorporated Village of Rye Brook.
A. 
The Chief of Police, as the chief executive officer of the Department, has departmental authority in all matters of government, administration, policy, operations and the discipline of the auxiliary police.
B. 
Auxiliary police shall be under the control of the regular police.
C. 
Auxiliary police officers shall conform to all commands, orders and other instructions issued by regular police officers.
D. 
When not under specific orders from a regular police officer, the auxiliary police officer with the highest rank in the auxiliary police shall take command.
A. 
The Board of Trustees of the Village of Rye Brook is vested with the power to appoint such numbers of auxiliary police for the Village as the Board of Trustees may deem necessary.
B. 
Auxiliary police must meet the following requirements:
(1) 
Be citizens of the United States.
(2) 
Be residents of the Village of Rye Brook.
(3) 
Have obtained their 21st birthday.
(4) 
Have a New York State pistol license or be qualified to obtain one.
(5) 
Be licensed drivers.
(6) 
Meet physical and psychological requirements and be approved by a committee consisting of the Chief of Police, Deputy Local Director of Auxiliary Police and the Auxiliary Police Executive Committee of the Village of Rye Brook.
(7) 
May not be members of a paid or volunteer fire department or ambulance service.
(8) 
Pass a background check by the Department.
C. 
Superior officers of the auxiliary police shall meet the following requirements:
(1) 
He or she must have been an officer of the Rye Brook auxiliary police for two years preceding his or her appointment and meet all other promotion requirements as set forth in the Rye Brook Auxiliary Police Organizational Plan and Standard Operating Procedures. The two-year requirement will be waived for original officers.
(2) 
To hold the position of Auxiliary Police Captain, the officer must have held the position of Auxiliary Police Lieutenant.
(3) 
To hold the position of Auxiliary Police Lieutenant, the officer must have held the position of Auxiliary Police Sergeant.
A. 
Charges may be brought by the Chief of Police or the highest ranking officer of the auxiliary police against any auxiliary police officer alleged to be guilty of any violation of these rules and regulations or of departmental orders and instructions or of conduct to the prejudice of good order, efficiency or discipline of the Department.
B. 
The Chief of Police shall notify, in writing, the auxiliary police officer of the charges.
C. 
The auxiliary police officer will be suspended pending the outcome of the charges.
D. 
The Chief of Police shall determine the appropriate action to be taken against the auxiliary police officer charged. Such action may include reprimand, dismissal or such other punishment as may seem just and proper under the circumstances.
A. 
Auxiliary police shall conduct their private and professional lives so as to avoid bringing the Department into disrepute.
B. 
Auxiliary police are strictly charged with establishing and maintaining a high spirit of cooperation within the Department and with other auxiliary police officers.
C. 
Auxiliary police shall also serve during such occasions as the Board of Trustees designates.
D. 
In addition, the Chief of Police, Deputy Local Director and/or the Mayor may deem it necessary or advisable for the training and drilling of auxiliary police at other times.
If an auxiliary police officer is required to appear before a court as a complainant or a witness, he or she shall subject himself or herself to the direction of the court. If he or she is called upon to give testimony, he or she will furnish the court with a complete statement of the facts of the case and with such other evidence pertaining to it as he or she may have, to the best of his or her knowledge.
Each auxiliary police officer shall be issued a shield and identification as prescribed by the Chief of Police.
Subject to the provisions set forth herein, the rules and regulations of the regular Police Department, including those applicable to the auxiliary police, shall control all situations not otherwise provided for.[1]
[1]
Editor's Note: The application form which immediately followed this section is on file with the Police Department.