[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 3-24-1987 by resolution. Amendments noted where applicable.]
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:
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:
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:
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.
(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:
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:
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:
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]
The Board of Trustees of the Incorporated Village of Rye
Brook.
The Chief of Police, Rye Brook, New York, or the Acting Chief
of Police.
The Rye Brook Police Department.
The Mayor of the Incorporated Village of Rye Brook.
Commands or instructions, oral or written, given by a regular
police officer or by a superior ranking officer of the auxiliary police.
Duly appointed police officers of the Department.
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.